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Home My WebLink AboutAgenda Packet_2024-10-01City Council Meeting Packet October 1, 2024 CLOSED SESSION MEETING – 4:30 PM REGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Thai Viet Phan Mayor Pro Tem – Ward 1 Benjamin Vazquez Councilmember Ward 2 Jessie Lopez Councilmember Ward 3 Phil Bacerra Councilmember Ward 4 Johnathan Ryan Hernandez Councilmember Ward 5 David Penaloza Councilmember Ward 6 Mayor and Council telephone: 7146476900 Agenda item inquiries: 7146476520 Sonia R. Carvalho City Attorney Alvaro Nuñez City Manager Jennifer L. Hall City Clerk 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) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes. 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 Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, 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. PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: MAILING OPTION written communications – Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M30, 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 EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start 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 – As a courtesy, 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://us02web.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 or ii) agenda/general comments. 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. INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 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: 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 INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. 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 Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. 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. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court, Case No.: 30202301352256CUPACJC 2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime NonCivil Service Employees RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Qing Wei Lion and Dragon Dance Cultural Troupe ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Asian American Senior Citizens Service Center declaring October 1, 2024 as International Day of Older People 2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and Dragon Dance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/Tet Trung Thu 3.Proclamation presented by Councilmember Bacerra to the Planning and Building Agency declaring October 2024 as National Community Planning Month 4.Certificate of Recognition presented by Councilmember Lopez to CRECE Urban Farms for Outstanding Contributions to the Community CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 25 and waive reading of all resolutions and ordinances. 5.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5 Representative to the Youth Commission for a Partial Term Expiring December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Adrian Ramirez to the Youth Commission as the Ward 5 representative and administer the Oath of Office. 7.Receive and File Quarterly Report of Investments as of June 30, 2024 Department(s): Finance and Management Services Recommended Action: Receive and file. 8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 to Fiscal Year 202425 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspent amounts to be carried over to FY 202425. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY 202425 budget for amounts carried forward from FY 202324. (Requires five affirmative votes) 9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water North America for Bottle Water and Related Products (Specification No. 24093) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Award citywide purchase order to DS Services of America, Inc. dba Primo Water North America for bottled water and related products for a term beginning on October 2, 2024 and expiring February 29, 2028, in an annual amount not to exceed $50,000. 10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. for Citywide Translation and Interpretation Services (Specification No. 24022A) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute aggregate agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. to provide citywide translation and interpretation services for a term beginning October 01, 2024 and expiring September 30, 2027, with provisions for two, oneyear extensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No. A2024XXX). Vendor Location Accent on Languages, Inc.Berkeley, CA Cesar Vargas and Associates Orange, CA Continental Interpreting Services, Inc.Brea, CA Interpreters Unlimited, Inc.San Diego, CA 11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization and Just Cause Eviction Program (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute Agreement with RSG, Inc. to provide contract staffing for the Rent Stabilization and Just Cause Eviction Program for a twoyear term, with provisions for up to two, oneyear extensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX). 12.Agreement with Evergreen Solutions, LLC for Classification and Compensation Study Services (Specification No. 24081) (General Fund and NonGeneral Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an agreement with Evergreen Solutions, LLC to provide classification and compensation study services for a term of one year, which will expire September 30, 2025, in an amount not to exceed $128,500 (Agreement A2024XXX). 13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC for Enterprise Land Management System Software and Implementation Services (Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive Santa Ana) Department(s): Information Technology Recommended Action: 1. Authorize the City Manager to execute an agreement with Carahsoft Technology Corp. for software subscription licensing, support, and training of Accela Civic Platform planning, permitting, and licensing system, in an aggregate amount not to exceed $1,800,000, for an initial oneyear term beginning October 1, 2024, with provisions for four optional oneyear renewals. (Agreement No. A2024 XXX). 2. Authorize the City Manager to execute an agreement with IK Consulting, LLC for Accela Civic Applications implementation services, in an amount not to exceed $1,107,445, for a 27month term beginning October 1, 2024 and expiring December 31, 2026. (Agreement No. A2024XXX). 14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/M Business Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and Office Furniture and Installation Services for the Main Library Renovation Project (No. 24 080A) (General Fund) (Revive Santa Ana) Department(s): Library Recommended Action: 1. Authorize the City Manager to execute an agreement with New Tangram, LLC dba Tangram Interiors to provide and install publicfacing and office furniture at the Main Library, in an amount of $674,658 plus a 15% contingency amount of $101,198, for a total amount not to exceed $775,856, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/M Business Interiors to provide and install publicfacing furniture at the Main Library, in an amount of $307,999 plus a 15% contingency amount of $46,200, for a total notto exceed amount of $354,199, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dba Yamada Enterprises to provide and install libraryspecific furniture at the Main Library, in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total not toexceed amount of $473,759, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding (NonGeneral Fund) Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirect revenue account and appropriate same to the UASI CalOES Santa Ana expenditures accounts. (Requires five affirmative votes) 16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for a oneyear period beginning October 1, 2024 through September 30, 2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX). 2. Approve an appropriation adjustment accepting $755,000 in the Office of Traffic Safety, Federal GrantIndirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes) 17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fund and NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana Police Department for a five year period beginning December 15, 2024 to December 14, 2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX). 18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle Conversion Equipment and Installation Services (Specification No. 24105) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services, for a threeyear period commencing October 1, 2024 and expiring September 30, 2027, with a provision for one, twoyear renewal option, for a total amount, including extension, not to exceed $2,000,000 (Agreement No. A2024 XXX). 19.Agreement with Cumming Management Group, Inc. for Climate Action Plan Update Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Cumming Management Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with a contingency of $45,006 for a total amount of $495,066, for a threeyear term beginning October 1, 2024 and expiring September 30, 2027, with an option for two, oneyear extensions (Agreement No. A2024XXX). 20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance (NonGeneral and General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with BlueViolet to maintain existing security, access control, and intercom systems for a threeyear period beginning October 1, 2024 through September 30, 2027, with one, twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024 XXX). 21.Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $883,660, which includes $746,929 for the construction contract; $69,039 for contract administration, inspection, and testing; and a $74,693 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $883,660 of funding in the American Rescue Plan Act funds for the Santa Ana Wellness Plaza. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $746,929, for the construction of the Santa Ana Wellness Plaza Project, for the term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202466 was filed for Project 221358. 22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 0341700250001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 0341766066220). (Requires five affirmative votes) 2. Approve an amendment to the FY 202425 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work. 4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202464 was filled for Project No. 246045. 23.Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024 XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No. 202439, and ER No. 202440] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owners Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 202402 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 202405 2369 N Flower Street 9:0:0:0 Kevin Kajikawa and Jonathan Melendez 202406 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 202408 825 N Lacy Street 9:0:0:0 24.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final oneyear extension of Site Plan Review No. 202004 to November 9, 2025. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLAN REVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 25.Proposed Revisions to Youth Commission Bylaws Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during the initial consideration of this public hearing on September 17, 2024. 26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 1 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity Clerk 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) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes. 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 Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, 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. PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: MAILING OPTION written communications – Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M30, 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 EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start 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 – As a courtesy, 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://us02web.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 or ii) agenda/general comments. 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. INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 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: 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 INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. 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 Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. 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. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court, Case No.: 30202301352256CUPACJC 2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime NonCivil Service Employees RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Qing Wei Lion and Dragon Dance Cultural Troupe ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Asian American Senior Citizens Service Center declaring October 1, 2024 as International Day of Older People 2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and Dragon Dance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/Tet Trung Thu 3.Proclamation presented by Councilmember Bacerra to the Planning and Building Agency declaring October 2024 as National Community Planning Month 4.Certificate of Recognition presented by Councilmember Lopez to CRECE Urban Farms for Outstanding Contributions to the Community CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 25 and waive reading of all resolutions and ordinances. 5.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5 Representative to the Youth Commission for a Partial Term Expiring December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Adrian Ramirez to the Youth Commission as the Ward 5 representative and administer the Oath of Office. 7.Receive and File Quarterly Report of Investments as of June 30, 2024 Department(s): Finance and Management Services Recommended Action: Receive and file. 8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 to Fiscal Year 202425 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspent amounts to be carried over to FY 202425. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY 202425 budget for amounts carried forward from FY 202324. (Requires five affirmative votes) 9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water North America for Bottle Water and Related Products (Specification No. 24093) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Award citywide purchase order to DS Services of America, Inc. dba Primo Water North America for bottled water and related products for a term beginning on October 2, 2024 and expiring February 29, 2028, in an annual amount not to exceed $50,000. 10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. for Citywide Translation and Interpretation Services (Specification No. 24022A) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute aggregate agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. to provide citywide translation and interpretation services for a term beginning October 01, 2024 and expiring September 30, 2027, with provisions for two, oneyear extensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No. A2024XXX). Vendor Location Accent on Languages, Inc.Berkeley, CA Cesar Vargas and Associates Orange, CA Continental Interpreting Services, Inc.Brea, CA Interpreters Unlimited, Inc.San Diego, CA 11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization and Just Cause Eviction Program (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute Agreement with RSG, Inc. to provide contract staffing for the Rent Stabilization and Just Cause Eviction Program for a twoyear term, with provisions for up to two, oneyear extensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX). 12.Agreement with Evergreen Solutions, LLC for Classification and Compensation Study Services (Specification No. 24081) (General Fund and NonGeneral Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an agreement with Evergreen Solutions, LLC to provide classification and compensation study services for a term of one year, which will expire September 30, 2025, in an amount not to exceed $128,500 (Agreement A2024XXX). 13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC for Enterprise Land Management System Software and Implementation Services (Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive Santa Ana) Department(s): Information Technology Recommended Action: 1. Authorize the City Manager to execute an agreement with Carahsoft Technology Corp. for software subscription licensing, support, and training of Accela Civic Platform planning, permitting, and licensing system, in an aggregate amount not to exceed $1,800,000, for an initial oneyear term beginning October 1, 2024, with provisions for four optional oneyear renewals. (Agreement No. A2024 XXX). 2. Authorize the City Manager to execute an agreement with IK Consulting, LLC for Accela Civic Applications implementation services, in an amount not to exceed $1,107,445, for a 27month term beginning October 1, 2024 and expiring December 31, 2026. (Agreement No. A2024XXX). 14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/M Business Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and Office Furniture and Installation Services for the Main Library Renovation Project (No. 24 080A) (General Fund) (Revive Santa Ana) Department(s): Library Recommended Action: 1. Authorize the City Manager to execute an agreement with New Tangram, LLC dba Tangram Interiors to provide and install publicfacing and office furniture at the Main Library, in an amount of $674,658 plus a 15% contingency amount of $101,198, for a total amount not to exceed $775,856, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/M Business Interiors to provide and install publicfacing furniture at the Main Library, in an amount of $307,999 plus a 15% contingency amount of $46,200, for a total notto exceed amount of $354,199, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dba Yamada Enterprises to provide and install libraryspecific furniture at the Main Library, in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total not toexceed amount of $473,759, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding (NonGeneral Fund) Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirect revenue account and appropriate same to the UASI CalOES Santa Ana expenditures accounts. (Requires five affirmative votes) 16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for a oneyear period beginning October 1, 2024 through September 30, 2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX). 2. Approve an appropriation adjustment accepting $755,000 in the Office of Traffic Safety, Federal GrantIndirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes) 17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fund and NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana Police Department for a five year period beginning December 15, 2024 to December 14, 2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX). 18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle Conversion Equipment and Installation Services (Specification No. 24105) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services, for a threeyear period commencing October 1, 2024 and expiring September 30, 2027, with a provision for one, twoyear renewal option, for a total amount, including extension, not to exceed $2,000,000 (Agreement No. A2024 XXX). 19.Agreement with Cumming Management Group, Inc. for Climate Action Plan Update Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Cumming Management Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with a contingency of $45,006 for a total amount of $495,066, for a threeyear term beginning October 1, 2024 and expiring September 30, 2027, with an option for two, oneyear extensions (Agreement No. A2024XXX). 20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance (NonGeneral and General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with BlueViolet to maintain existing security, access control, and intercom systems for a threeyear period beginning October 1, 2024 through September 30, 2027, with one, twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024 XXX). 21.Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $883,660, which includes $746,929 for the construction contract; $69,039 for contract administration, inspection, and testing; and a $74,693 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $883,660 of funding in the American Rescue Plan Act funds for the Santa Ana Wellness Plaza. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $746,929, for the construction of the Santa Ana Wellness Plaza Project, for the term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202466 was filed for Project 221358. 22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 0341700250001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 0341766066220). (Requires five affirmative votes) 2. Approve an amendment to the FY 202425 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work. 4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202464 was filled for Project No. 246045. 23.Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024 XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No. 202439, and ER No. 202440] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owners Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 202402 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 202405 2369 N Flower Street 9:0:0:0 Kevin Kajikawa and Jonathan Melendez 202406 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 202408 825 N Lacy Street 9:0:0:0 24.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final oneyear extension of Site Plan Review No. 202004 to November 9, 2025. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLAN REVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 25.Proposed Revisions to Youth Commission Bylaws Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during the initial consideration of this public hearing on September 17, 2024. 26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 2 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, 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. PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: MAILING OPTION written communications – Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M30, 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 EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start 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 – As a courtesy, 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://us02web.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 or ii) agenda/general comments. 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. INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 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: 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 INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. 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 Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. 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. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court, Case No.: 30202301352256CUPACJC 2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime NonCivil Service Employees RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Qing Wei Lion and Dragon Dance Cultural Troupe ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Asian American Senior Citizens Service Center declaring October 1, 2024 as International Day of Older People 2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and Dragon Dance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/Tet Trung Thu 3.Proclamation presented by Councilmember Bacerra to the Planning and Building Agency declaring October 2024 as National Community Planning Month 4.Certificate of Recognition presented by Councilmember Lopez to CRECE Urban Farms for Outstanding Contributions to the Community CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 25 and waive reading of all resolutions and ordinances. 5.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5 Representative to the Youth Commission for a Partial Term Expiring December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Adrian Ramirez to the Youth Commission as the Ward 5 representative and administer the Oath of Office. 7.Receive and File Quarterly Report of Investments as of June 30, 2024 Department(s): Finance and Management Services Recommended Action: Receive and file. 8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 to Fiscal Year 202425 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspent amounts to be carried over to FY 202425. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY 202425 budget for amounts carried forward from FY 202324. (Requires five affirmative votes) 9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water North America for Bottle Water and Related Products (Specification No. 24093) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Award citywide purchase order to DS Services of America, Inc. dba Primo Water North America for bottled water and related products for a term beginning on October 2, 2024 and expiring February 29, 2028, in an annual amount not to exceed $50,000. 10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. for Citywide Translation and Interpretation Services (Specification No. 24022A) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute aggregate agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. to provide citywide translation and interpretation services for a term beginning October 01, 2024 and expiring September 30, 2027, with provisions for two, oneyear extensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No. A2024XXX). Vendor Location Accent on Languages, Inc.Berkeley, CA Cesar Vargas and Associates Orange, CA Continental Interpreting Services, Inc.Brea, CA Interpreters Unlimited, Inc.San Diego, CA 11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization and Just Cause Eviction Program (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute Agreement with RSG, Inc. to provide contract staffing for the Rent Stabilization and Just Cause Eviction Program for a twoyear term, with provisions for up to two, oneyear extensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX). 12.Agreement with Evergreen Solutions, LLC for Classification and Compensation Study Services (Specification No. 24081) (General Fund and NonGeneral Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an agreement with Evergreen Solutions, LLC to provide classification and compensation study services for a term of one year, which will expire September 30, 2025, in an amount not to exceed $128,500 (Agreement A2024XXX). 13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC for Enterprise Land Management System Software and Implementation Services (Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive Santa Ana) Department(s): Information Technology Recommended Action: 1. Authorize the City Manager to execute an agreement with Carahsoft Technology Corp. for software subscription licensing, support, and training of Accela Civic Platform planning, permitting, and licensing system, in an aggregate amount not to exceed $1,800,000, for an initial oneyear term beginning October 1, 2024, with provisions for four optional oneyear renewals. (Agreement No. A2024 XXX). 2. Authorize the City Manager to execute an agreement with IK Consulting, LLC for Accela Civic Applications implementation services, in an amount not to exceed $1,107,445, for a 27month term beginning October 1, 2024 and expiring December 31, 2026. (Agreement No. A2024XXX). 14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/M Business Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and Office Furniture and Installation Services for the Main Library Renovation Project (No. 24 080A) (General Fund) (Revive Santa Ana) Department(s): Library Recommended Action: 1. Authorize the City Manager to execute an agreement with New Tangram, LLC dba Tangram Interiors to provide and install publicfacing and office furniture at the Main Library, in an amount of $674,658 plus a 15% contingency amount of $101,198, for a total amount not to exceed $775,856, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/M Business Interiors to provide and install publicfacing furniture at the Main Library, in an amount of $307,999 plus a 15% contingency amount of $46,200, for a total notto exceed amount of $354,199, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dba Yamada Enterprises to provide and install libraryspecific furniture at the Main Library, in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total not toexceed amount of $473,759, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding (NonGeneral Fund) Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirect revenue account and appropriate same to the UASI CalOES Santa Ana expenditures accounts. (Requires five affirmative votes) 16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for a oneyear period beginning October 1, 2024 through September 30, 2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX). 2. Approve an appropriation adjustment accepting $755,000 in the Office of Traffic Safety, Federal GrantIndirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes) 17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fund and NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana Police Department for a five year period beginning December 15, 2024 to December 14, 2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX). 18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle Conversion Equipment and Installation Services (Specification No. 24105) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services, for a threeyear period commencing October 1, 2024 and expiring September 30, 2027, with a provision for one, twoyear renewal option, for a total amount, including extension, not to exceed $2,000,000 (Agreement No. A2024 XXX). 19.Agreement with Cumming Management Group, Inc. for Climate Action Plan Update Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Cumming Management Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with a contingency of $45,006 for a total amount of $495,066, for a threeyear term beginning October 1, 2024 and expiring September 30, 2027, with an option for two, oneyear extensions (Agreement No. A2024XXX). 20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance (NonGeneral and General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with BlueViolet to maintain existing security, access control, and intercom systems for a threeyear period beginning October 1, 2024 through September 30, 2027, with one, twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024 XXX). 21.Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $883,660, which includes $746,929 for the construction contract; $69,039 for contract administration, inspection, and testing; and a $74,693 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $883,660 of funding in the American Rescue Plan Act funds for the Santa Ana Wellness Plaza. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $746,929, for the construction of the Santa Ana Wellness Plaza Project, for the term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202466 was filed for Project 221358. 22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 0341700250001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 0341766066220). (Requires five affirmative votes) 2. Approve an amendment to the FY 202425 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work. 4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202464 was filled for Project No. 246045. 23.Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024 XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No. 202439, and ER No. 202440] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owners Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 202402 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 202405 2369 N Flower Street 9:0:0:0 Kevin Kajikawa and Jonathan Melendez 202406 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 202408 825 N Lacy Street 9:0:0:0 24.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final oneyear extension of Site Plan Review No. 202004 to November 9, 2025. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLAN REVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 25.Proposed Revisions to Youth Commission Bylaws Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during the initial consideration of this public hearing on September 17, 2024. 26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 3 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item or ii) agenda/general comments. You mayrequest to speak by dialing *9 from your phone or you may virtually raise your hand fromZoom. After the Clerk confirms the last three digits of the caller’s phone number orZoom 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 callerwill be provided three (3) minutes to speak, unless due to the number of speakerswanting to speak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 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: 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 INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. 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 Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. 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. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court, Case No.: 30202301352256CUPACJC 2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime NonCivil Service Employees RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Qing Wei Lion and Dragon Dance Cultural Troupe ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Asian American Senior Citizens Service Center declaring October 1, 2024 as International Day of Older People 2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and Dragon Dance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/Tet Trung Thu 3.Proclamation presented by Councilmember Bacerra to the Planning and Building Agency declaring October 2024 as National Community Planning Month 4.Certificate of Recognition presented by Councilmember Lopez to CRECE Urban Farms for Outstanding Contributions to the Community CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 25 and waive reading of all resolutions and ordinances. 5.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5 Representative to the Youth Commission for a Partial Term Expiring December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Adrian Ramirez to the Youth Commission as the Ward 5 representative and administer the Oath of Office. 7.Receive and File Quarterly Report of Investments as of June 30, 2024 Department(s): Finance and Management Services Recommended Action: Receive and file. 8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 to Fiscal Year 202425 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspent amounts to be carried over to FY 202425. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY 202425 budget for amounts carried forward from FY 202324. (Requires five affirmative votes) 9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water North America for Bottle Water and Related Products (Specification No. 24093) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Award citywide purchase order to DS Services of America, Inc. dba Primo Water North America for bottled water and related products for a term beginning on October 2, 2024 and expiring February 29, 2028, in an annual amount not to exceed $50,000. 10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. for Citywide Translation and Interpretation Services (Specification No. 24022A) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute aggregate agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. to provide citywide translation and interpretation services for a term beginning October 01, 2024 and expiring September 30, 2027, with provisions for two, oneyear extensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No. A2024XXX). Vendor Location Accent on Languages, Inc.Berkeley, CA Cesar Vargas and Associates Orange, CA Continental Interpreting Services, Inc.Brea, CA Interpreters Unlimited, Inc.San Diego, CA 11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization and Just Cause Eviction Program (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute Agreement with RSG, Inc. to provide contract staffing for the Rent Stabilization and Just Cause Eviction Program for a twoyear term, with provisions for up to two, oneyear extensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX). 12.Agreement with Evergreen Solutions, LLC for Classification and Compensation Study Services (Specification No. 24081) (General Fund and NonGeneral Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an agreement with Evergreen Solutions, LLC to provide classification and compensation study services for a term of one year, which will expire September 30, 2025, in an amount not to exceed $128,500 (Agreement A2024XXX). 13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC for Enterprise Land Management System Software and Implementation Services (Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive Santa Ana) Department(s): Information Technology Recommended Action: 1. Authorize the City Manager to execute an agreement with Carahsoft Technology Corp. for software subscription licensing, support, and training of Accela Civic Platform planning, permitting, and licensing system, in an aggregate amount not to exceed $1,800,000, for an initial oneyear term beginning October 1, 2024, with provisions for four optional oneyear renewals. (Agreement No. A2024 XXX). 2. Authorize the City Manager to execute an agreement with IK Consulting, LLC for Accela Civic Applications implementation services, in an amount not to exceed $1,107,445, for a 27month term beginning October 1, 2024 and expiring December 31, 2026. (Agreement No. A2024XXX). 14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/M Business Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and Office Furniture and Installation Services for the Main Library Renovation Project (No. 24 080A) (General Fund) (Revive Santa Ana) Department(s): Library Recommended Action: 1. Authorize the City Manager to execute an agreement with New Tangram, LLC dba Tangram Interiors to provide and install publicfacing and office furniture at the Main Library, in an amount of $674,658 plus a 15% contingency amount of $101,198, for a total amount not to exceed $775,856, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/M Business Interiors to provide and install publicfacing furniture at the Main Library, in an amount of $307,999 plus a 15% contingency amount of $46,200, for a total notto exceed amount of $354,199, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dba Yamada Enterprises to provide and install libraryspecific furniture at the Main Library, in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total not toexceed amount of $473,759, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding (NonGeneral Fund) Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirect revenue account and appropriate same to the UASI CalOES Santa Ana expenditures accounts. (Requires five affirmative votes) 16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for a oneyear period beginning October 1, 2024 through September 30, 2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX). 2. Approve an appropriation adjustment accepting $755,000 in the Office of Traffic Safety, Federal GrantIndirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes) 17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fund and NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana Police Department for a five year period beginning December 15, 2024 to December 14, 2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX). 18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle Conversion Equipment and Installation Services (Specification No. 24105) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services, for a threeyear period commencing October 1, 2024 and expiring September 30, 2027, with a provision for one, twoyear renewal option, for a total amount, including extension, not to exceed $2,000,000 (Agreement No. A2024 XXX). 19.Agreement with Cumming Management Group, Inc. for Climate Action Plan Update Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Cumming Management Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with a contingency of $45,006 for a total amount of $495,066, for a threeyear term beginning October 1, 2024 and expiring September 30, 2027, with an option for two, oneyear extensions (Agreement No. A2024XXX). 20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance (NonGeneral and General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with BlueViolet to maintain existing security, access control, and intercom systems for a threeyear period beginning October 1, 2024 through September 30, 2027, with one, twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024 XXX). 21.Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $883,660, which includes $746,929 for the construction contract; $69,039 for contract administration, inspection, and testing; and a $74,693 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $883,660 of funding in the American Rescue Plan Act funds for the Santa Ana Wellness Plaza. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $746,929, for the construction of the Santa Ana Wellness Plaza Project, for the term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202466 was filed for Project 221358. 22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 0341700250001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 0341766066220). (Requires five affirmative votes) 2. Approve an amendment to the FY 202425 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work. 4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202464 was filled for Project No. 246045. 23.Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024 XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No. 202439, and ER No. 202440] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owners Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 202402 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 202405 2369 N Flower Street 9:0:0:0 Kevin Kajikawa and Jonathan Melendez 202406 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 202408 825 N Lacy Street 9:0:0:0 24.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final oneyear extension of Site Plan Review No. 202004 to November 9, 2025. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLAN REVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 25.Proposed Revisions to Youth Commission Bylaws Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during the initial consideration of this public hearing on September 17, 2024. 26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 4 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item or ii) agenda/general comments. You mayrequest to speak by dialing *9 from your phone or you may virtually raise your hand fromZoom. After the Clerk confirms the last three digits of the caller’s phone number orZoom 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 callerwill be provided three (3) minutes to speak, unless due to the number of speakerswanting to speak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo 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 Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. 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. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court, Case No.: 30202301352256CUPACJC 2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime NonCivil Service Employees RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Qing Wei Lion and Dragon Dance Cultural Troupe ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Asian American Senior Citizens Service Center declaring October 1, 2024 as International Day of Older People 2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and Dragon Dance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/Tet Trung Thu 3.Proclamation presented by Councilmember Bacerra to the Planning and Building Agency declaring October 2024 as National Community Planning Month 4.Certificate of Recognition presented by Councilmember Lopez to CRECE Urban Farms for Outstanding Contributions to the Community CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 25 and waive reading of all resolutions and ordinances. 5.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5 Representative to the Youth Commission for a Partial Term Expiring December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Adrian Ramirez to the Youth Commission as the Ward 5 representative and administer the Oath of Office. 7.Receive and File Quarterly Report of Investments as of June 30, 2024 Department(s): Finance and Management Services Recommended Action: Receive and file. 8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 to Fiscal Year 202425 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspent amounts to be carried over to FY 202425. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY 202425 budget for amounts carried forward from FY 202324. (Requires five affirmative votes) 9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water North America for Bottle Water and Related Products (Specification No. 24093) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Award citywide purchase order to DS Services of America, Inc. dba Primo Water North America for bottled water and related products for a term beginning on October 2, 2024 and expiring February 29, 2028, in an annual amount not to exceed $50,000. 10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. for Citywide Translation and Interpretation Services (Specification No. 24022A) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute aggregate agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. to provide citywide translation and interpretation services for a term beginning October 01, 2024 and expiring September 30, 2027, with provisions for two, oneyear extensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No. A2024XXX). Vendor Location Accent on Languages, Inc.Berkeley, CA Cesar Vargas and Associates Orange, CA Continental Interpreting Services, Inc.Brea, CA Interpreters Unlimited, Inc.San Diego, CA 11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization and Just Cause Eviction Program (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute Agreement with RSG, Inc. to provide contract staffing for the Rent Stabilization and Just Cause Eviction Program for a twoyear term, with provisions for up to two, oneyear extensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX). 12.Agreement with Evergreen Solutions, LLC for Classification and Compensation Study Services (Specification No. 24081) (General Fund and NonGeneral Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an agreement with Evergreen Solutions, LLC to provide classification and compensation study services for a term of one year, which will expire September 30, 2025, in an amount not to exceed $128,500 (Agreement A2024XXX). 13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC for Enterprise Land Management System Software and Implementation Services (Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive Santa Ana) Department(s): Information Technology Recommended Action: 1. Authorize the City Manager to execute an agreement with Carahsoft Technology Corp. for software subscription licensing, support, and training of Accela Civic Platform planning, permitting, and licensing system, in an aggregate amount not to exceed $1,800,000, for an initial oneyear term beginning October 1, 2024, with provisions for four optional oneyear renewals. (Agreement No. A2024 XXX). 2. Authorize the City Manager to execute an agreement with IK Consulting, LLC for Accela Civic Applications implementation services, in an amount not to exceed $1,107,445, for a 27month term beginning October 1, 2024 and expiring December 31, 2026. (Agreement No. A2024XXX). 14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/M Business Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and Office Furniture and Installation Services for the Main Library Renovation Project (No. 24 080A) (General Fund) (Revive Santa Ana) Department(s): Library Recommended Action: 1. Authorize the City Manager to execute an agreement with New Tangram, LLC dba Tangram Interiors to provide and install publicfacing and office furniture at the Main Library, in an amount of $674,658 plus a 15% contingency amount of $101,198, for a total amount not to exceed $775,856, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/M Business Interiors to provide and install publicfacing furniture at the Main Library, in an amount of $307,999 plus a 15% contingency amount of $46,200, for a total notto exceed amount of $354,199, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dba Yamada Enterprises to provide and install libraryspecific furniture at the Main Library, in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total not toexceed amount of $473,759, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding (NonGeneral Fund) Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirect revenue account and appropriate same to the UASI CalOES Santa Ana expenditures accounts. (Requires five affirmative votes) 16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for a oneyear period beginning October 1, 2024 through September 30, 2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX). 2. Approve an appropriation adjustment accepting $755,000 in the Office of Traffic Safety, Federal GrantIndirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes) 17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fund and NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana Police Department for a five year period beginning December 15, 2024 to December 14, 2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX). 18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle Conversion Equipment and Installation Services (Specification No. 24105) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services, for a threeyear period commencing October 1, 2024 and expiring September 30, 2027, with a provision for one, twoyear renewal option, for a total amount, including extension, not to exceed $2,000,000 (Agreement No. A2024 XXX). 19.Agreement with Cumming Management Group, Inc. for Climate Action Plan Update Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Cumming Management Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with a contingency of $45,006 for a total amount of $495,066, for a threeyear term beginning October 1, 2024 and expiring September 30, 2027, with an option for two, oneyear extensions (Agreement No. A2024XXX). 20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance (NonGeneral and General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with BlueViolet to maintain existing security, access control, and intercom systems for a threeyear period beginning October 1, 2024 through September 30, 2027, with one, twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024 XXX). 21.Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $883,660, which includes $746,929 for the construction contract; $69,039 for contract administration, inspection, and testing; and a $74,693 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $883,660 of funding in the American Rescue Plan Act funds for the Santa Ana Wellness Plaza. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $746,929, for the construction of the Santa Ana Wellness Plaza Project, for the term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202466 was filed for Project 221358. 22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 0341700250001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 0341766066220). (Requires five affirmative votes) 2. Approve an amendment to the FY 202425 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work. 4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202464 was filled for Project No. 246045. 23.Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024 XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No. 202439, and ER No. 202440] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owners Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 202402 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 202405 2369 N Flower Street 9:0:0:0 Kevin Kajikawa and Jonathan Melendez 202406 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 202408 825 N Lacy Street 9:0:0:0 24.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final oneyear extension of Site Plan Review No. 202004 to November 9, 2025. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLAN REVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 25.Proposed Revisions to Youth Commission Bylaws Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during the initial consideration of this public hearing on September 17, 2024. 26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 5 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item or ii) agenda/general comments. You mayrequest to speak by dialing *9 from your phone or you may virtually raise your hand fromZoom. After the Clerk confirms the last three digits of the caller’s phone number orZoom 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 callerwill be provided three (3) minutes to speak, unless due to the number of speakerswanting to speak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court,Case No.: 30202301352256CUPACJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime NonCivil Service Employees RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Qing Wei Lion and Dragon Dance Cultural Troupe ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Asian American Senior Citizens Service Center declaring October 1, 2024 as International Day of Older People 2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and Dragon Dance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/Tet Trung Thu 3.Proclamation presented by Councilmember Bacerra to the Planning and Building Agency declaring October 2024 as National Community Planning Month 4.Certificate of Recognition presented by Councilmember Lopez to CRECE Urban Farms for Outstanding Contributions to the Community CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 25 and waive reading of all resolutions and ordinances. 5.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5 Representative to the Youth Commission for a Partial Term Expiring December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Adrian Ramirez to the Youth Commission as the Ward 5 representative and administer the Oath of Office. 7.Receive and File Quarterly Report of Investments as of June 30, 2024 Department(s): Finance and Management Services Recommended Action: Receive and file. 8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 to Fiscal Year 202425 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspent amounts to be carried over to FY 202425. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY 202425 budget for amounts carried forward from FY 202324. (Requires five affirmative votes) 9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water North America for Bottle Water and Related Products (Specification No. 24093) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Award citywide purchase order to DS Services of America, Inc. dba Primo Water North America for bottled water and related products for a term beginning on October 2, 2024 and expiring February 29, 2028, in an annual amount not to exceed $50,000. 10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. for Citywide Translation and Interpretation Services (Specification No. 24022A) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute aggregate agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. to provide citywide translation and interpretation services for a term beginning October 01, 2024 and expiring September 30, 2027, with provisions for two, oneyear extensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No. A2024XXX). Vendor Location Accent on Languages, Inc.Berkeley, CA Cesar Vargas and Associates Orange, CA Continental Interpreting Services, Inc.Brea, CA Interpreters Unlimited, Inc.San Diego, CA 11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization and Just Cause Eviction Program (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute Agreement with RSG, Inc. to provide contract staffing for the Rent Stabilization and Just Cause Eviction Program for a twoyear term, with provisions for up to two, oneyear extensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX). 12.Agreement with Evergreen Solutions, LLC for Classification and Compensation Study Services (Specification No. 24081) (General Fund and NonGeneral Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an agreement with Evergreen Solutions, LLC to provide classification and compensation study services for a term of one year, which will expire September 30, 2025, in an amount not to exceed $128,500 (Agreement A2024XXX). 13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC for Enterprise Land Management System Software and Implementation Services (Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive Santa Ana) Department(s): Information Technology Recommended Action: 1. Authorize the City Manager to execute an agreement with Carahsoft Technology Corp. for software subscription licensing, support, and training of Accela Civic Platform planning, permitting, and licensing system, in an aggregate amount not to exceed $1,800,000, for an initial oneyear term beginning October 1, 2024, with provisions for four optional oneyear renewals. (Agreement No. A2024 XXX). 2. Authorize the City Manager to execute an agreement with IK Consulting, LLC for Accela Civic Applications implementation services, in an amount not to exceed $1,107,445, for a 27month term beginning October 1, 2024 and expiring December 31, 2026. (Agreement No. A2024XXX). 14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/M Business Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and Office Furniture and Installation Services for the Main Library Renovation Project (No. 24 080A) (General Fund) (Revive Santa Ana) Department(s): Library Recommended Action: 1. Authorize the City Manager to execute an agreement with New Tangram, LLC dba Tangram Interiors to provide and install publicfacing and office furniture at the Main Library, in an amount of $674,658 plus a 15% contingency amount of $101,198, for a total amount not to exceed $775,856, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/M Business Interiors to provide and install publicfacing furniture at the Main Library, in an amount of $307,999 plus a 15% contingency amount of $46,200, for a total notto exceed amount of $354,199, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dba Yamada Enterprises to provide and install libraryspecific furniture at the Main Library, in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total not toexceed amount of $473,759, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding (NonGeneral Fund) Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirect revenue account and appropriate same to the UASI CalOES Santa Ana expenditures accounts. (Requires five affirmative votes) 16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for a oneyear period beginning October 1, 2024 through September 30, 2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX). 2. Approve an appropriation adjustment accepting $755,000 in the Office of Traffic Safety, Federal GrantIndirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes) 17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fund and NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana Police Department for a five year period beginning December 15, 2024 to December 14, 2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX). 18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle Conversion Equipment and Installation Services (Specification No. 24105) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services, for a threeyear period commencing October 1, 2024 and expiring September 30, 2027, with a provision for one, twoyear renewal option, for a total amount, including extension, not to exceed $2,000,000 (Agreement No. A2024 XXX). 19.Agreement with Cumming Management Group, Inc. for Climate Action Plan Update Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Cumming Management Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with a contingency of $45,006 for a total amount of $495,066, for a threeyear term beginning October 1, 2024 and expiring September 30, 2027, with an option for two, oneyear extensions (Agreement No. A2024XXX). 20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance (NonGeneral and General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with BlueViolet to maintain existing security, access control, and intercom systems for a threeyear period beginning October 1, 2024 through September 30, 2027, with one, twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024 XXX). 21.Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $883,660, which includes $746,929 for the construction contract; $69,039 for contract administration, inspection, and testing; and a $74,693 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $883,660 of funding in the American Rescue Plan Act funds for the Santa Ana Wellness Plaza. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $746,929, for the construction of the Santa Ana Wellness Plaza Project, for the term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202466 was filed for Project 221358. 22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 0341700250001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 0341766066220). (Requires five affirmative votes) 2. Approve an amendment to the FY 202425 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work. 4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202464 was filled for Project No. 246045. 23.Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024 XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No. 202439, and ER No. 202440] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owners Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 202402 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 202405 2369 N Flower Street 9:0:0:0 Kevin Kajikawa and Jonathan Melendez 202406 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 202408 825 N Lacy Street 9:0:0:0 24.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final oneyear extension of Site Plan Review No. 202004 to November 9, 2025. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLAN REVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 25.Proposed Revisions to Youth Commission Bylaws Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during the initial consideration of this public hearing on September 17, 2024. 26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 6 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item or ii) agenda/general comments. You mayrequest to speak by dialing *9 from your phone or you may virtually raise your hand fromZoom. After the Clerk confirms the last three digits of the caller’s phone number orZoom 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 callerwill be provided three (3) minutes to speak, unless due to the number of speakerswanting to speak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court,Case No.: 30202301352256CUPACJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service EmployeesRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Qing Wei Lion and DragonDance Cultural TroupeADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Asian American Senior CitizensService Center declaring October 1, 2024 as International Day of Older People2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and DragonDance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/TetTrung Thu3.Proclamation presented by Councilmember Bacerra to the Planning and BuildingAgency declaring October 2024 as National Community Planning Month4.Certificate of Recognition presented by Councilmember Lopez to CRECE UrbanFarms for Outstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 25 and waive reading of all resolutions and ordinances. 5.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5 Representative to the Youth Commission for a Partial Term Expiring December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Adrian Ramirez to the Youth Commission as the Ward 5 representative and administer the Oath of Office. 7.Receive and File Quarterly Report of Investments as of June 30, 2024 Department(s): Finance and Management Services Recommended Action: Receive and file. 8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 to Fiscal Year 202425 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspent amounts to be carried over to FY 202425. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY 202425 budget for amounts carried forward from FY 202324. (Requires five affirmative votes) 9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water North America for Bottle Water and Related Products (Specification No. 24093) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Award citywide purchase order to DS Services of America, Inc. dba Primo Water North America for bottled water and related products for a term beginning on October 2, 2024 and expiring February 29, 2028, in an annual amount not to exceed $50,000. 10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. for Citywide Translation and Interpretation Services (Specification No. 24022A) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute aggregate agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. to provide citywide translation and interpretation services for a term beginning October 01, 2024 and expiring September 30, 2027, with provisions for two, oneyear extensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No. A2024XXX). Vendor Location Accent on Languages, Inc.Berkeley, CA Cesar Vargas and Associates Orange, CA Continental Interpreting Services, Inc.Brea, CA Interpreters Unlimited, Inc.San Diego, CA 11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization and Just Cause Eviction Program (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute Agreement with RSG, Inc. to provide contract staffing for the Rent Stabilization and Just Cause Eviction Program for a twoyear term, with provisions for up to two, oneyear extensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX). 12.Agreement with Evergreen Solutions, LLC for Classification and Compensation Study Services (Specification No. 24081) (General Fund and NonGeneral Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an agreement with Evergreen Solutions, LLC to provide classification and compensation study services for a term of one year, which will expire September 30, 2025, in an amount not to exceed $128,500 (Agreement A2024XXX). 13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC for Enterprise Land Management System Software and Implementation Services (Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive Santa Ana) Department(s): Information Technology Recommended Action: 1. Authorize the City Manager to execute an agreement with Carahsoft Technology Corp. for software subscription licensing, support, and training of Accela Civic Platform planning, permitting, and licensing system, in an aggregate amount not to exceed $1,800,000, for an initial oneyear term beginning October 1, 2024, with provisions for four optional oneyear renewals. (Agreement No. A2024 XXX). 2. Authorize the City Manager to execute an agreement with IK Consulting, LLC for Accela Civic Applications implementation services, in an amount not to exceed $1,107,445, for a 27month term beginning October 1, 2024 and expiring December 31, 2026. (Agreement No. A2024XXX). 14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/M Business Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and Office Furniture and Installation Services for the Main Library Renovation Project (No. 24 080A) (General Fund) (Revive Santa Ana) Department(s): Library Recommended Action: 1. Authorize the City Manager to execute an agreement with New Tangram, LLC dba Tangram Interiors to provide and install publicfacing and office furniture at the Main Library, in an amount of $674,658 plus a 15% contingency amount of $101,198, for a total amount not to exceed $775,856, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/M Business Interiors to provide and install publicfacing furniture at the Main Library, in an amount of $307,999 plus a 15% contingency amount of $46,200, for a total notto exceed amount of $354,199, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dba Yamada Enterprises to provide and install libraryspecific furniture at the Main Library, in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total not toexceed amount of $473,759, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding (NonGeneral Fund) Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirect revenue account and appropriate same to the UASI CalOES Santa Ana expenditures accounts. (Requires five affirmative votes) 16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for a oneyear period beginning October 1, 2024 through September 30, 2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX). 2. Approve an appropriation adjustment accepting $755,000 in the Office of Traffic Safety, Federal GrantIndirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes) 17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fund and NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana Police Department for a five year period beginning December 15, 2024 to December 14, 2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX). 18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle Conversion Equipment and Installation Services (Specification No. 24105) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services, for a threeyear period commencing October 1, 2024 and expiring September 30, 2027, with a provision for one, twoyear renewal option, for a total amount, including extension, not to exceed $2,000,000 (Agreement No. A2024 XXX). 19.Agreement with Cumming Management Group, Inc. for Climate Action Plan Update Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Cumming Management Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with a contingency of $45,006 for a total amount of $495,066, for a threeyear term beginning October 1, 2024 and expiring September 30, 2027, with an option for two, oneyear extensions (Agreement No. A2024XXX). 20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance (NonGeneral and General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with BlueViolet to maintain existing security, access control, and intercom systems for a threeyear period beginning October 1, 2024 through September 30, 2027, with one, twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024 XXX). 21.Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $883,660, which includes $746,929 for the construction contract; $69,039 for contract administration, inspection, and testing; and a $74,693 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $883,660 of funding in the American Rescue Plan Act funds for the Santa Ana Wellness Plaza. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $746,929, for the construction of the Santa Ana Wellness Plaza Project, for the term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202466 was filed for Project 221358. 22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 0341700250001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 0341766066220). (Requires five affirmative votes) 2. Approve an amendment to the FY 202425 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work. 4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202464 was filled for Project No. 246045. 23.Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024 XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No. 202439, and ER No. 202440] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owners Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 202402 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 202405 2369 N Flower Street 9:0:0:0 Kevin Kajikawa and Jonathan Melendez 202406 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 202408 825 N Lacy Street 9:0:0:0 24.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final oneyear extension of Site Plan Review No. 202004 to November 9, 2025. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLAN REVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 25.Proposed Revisions to Youth Commission Bylaws Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during the initial consideration of this public hearing on September 17, 2024. 26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 7 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item or ii) agenda/general comments. You mayrequest to speak by dialing *9 from your phone or you may virtually raise your hand fromZoom. After the Clerk confirms the last three digits of the caller’s phone number orZoom 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 callerwill be provided three (3) minutes to speak, unless due to the number of speakerswanting to speak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court,Case No.: 30202301352256CUPACJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service EmployeesRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Qing Wei Lion and DragonDance Cultural TroupeADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Asian American Senior CitizensService Center declaring October 1, 2024 as International Day of Older People2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and DragonDance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/TetTrung Thu3.Proclamation presented by Councilmember Bacerra to the Planning and BuildingAgency declaring October 2024 as National Community Planning Month4.Certificate of Recognition presented by Councilmember Lopez to CRECE UrbanFarms for Outstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25 and waive reading of all resolutionsand ordinances. 5.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5Representative to the Youth Commission for a Partial Term Expiring December 10,2024Department(s): City Clerk’s OfficeRecommended Action: Appoint Adrian Ramirez to the Youth Commission as theWard 5 representative and administer the Oath of Office.7.Receive and File Quarterly Report of Investments as of June 30, 2024Department(s): Finance and Management ServicesRecommended Action: Receive and file.8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 toFiscal Year 202425Department(s): Finance and Management ServicesRecommended Action:1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspentamounts to be carried over to FY 202425. (Requires five affirmative votes)2. Approve an Appropriation Adjustment to increase the FY 202425 budget foramounts carried forward from FY 202324. (Requires five affirmative votes)9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water NorthAmerica for Bottle Water and Related Products (Specification No. 24093) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Award citywide purchase order to DS Services of America,Inc. dba Primo Water North America for bottled water and related products for a term beginning on October 2, 2024 and expiring February 29, 2028, in an annual amount not to exceed $50,000. 10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. for Citywide Translation and Interpretation Services (Specification No. 24022A) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute aggregate agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. to provide citywide translation and interpretation services for a term beginning October 01, 2024 and expiring September 30, 2027, with provisions for two, oneyear extensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No. A2024XXX). Vendor Location Accent on Languages, Inc.Berkeley, CA Cesar Vargas and Associates Orange, CA Continental Interpreting Services, Inc.Brea, CA Interpreters Unlimited, Inc.San Diego, CA 11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization and Just Cause Eviction Program (NonGeneral Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute Agreement with RSG, Inc. to provide contract staffing for the Rent Stabilization and Just Cause Eviction Program for a twoyear term, with provisions for up to two, oneyear extensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX). 12.Agreement with Evergreen Solutions, LLC for Classification and Compensation Study Services (Specification No. 24081) (General Fund and NonGeneral Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an agreement with Evergreen Solutions, LLC to provide classification and compensation study services for a term of one year, which will expire September 30, 2025, in an amount not to exceed $128,500 (Agreement A2024XXX). 13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC for Enterprise Land Management System Software and Implementation Services (Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive Santa Ana) Department(s): Information Technology Recommended Action: 1. Authorize the City Manager to execute an agreement with Carahsoft Technology Corp. for software subscription licensing, support, and training of Accela Civic Platform planning, permitting, and licensing system, in an aggregate amount not to exceed $1,800,000, for an initial oneyear term beginning October 1, 2024, with provisions for four optional oneyear renewals. (Agreement No. A2024 XXX). 2. Authorize the City Manager to execute an agreement with IK Consulting, LLC for Accela Civic Applications implementation services, in an amount not to exceed $1,107,445, for a 27month term beginning October 1, 2024 and expiring December 31, 2026. (Agreement No. A2024XXX). 14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/M Business Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and Office Furniture and Installation Services for the Main Library Renovation Project (No. 24 080A) (General Fund) (Revive Santa Ana) Department(s): Library Recommended Action: 1. Authorize the City Manager to execute an agreement with New Tangram, LLC dba Tangram Interiors to provide and install publicfacing and office furniture at the Main Library, in an amount of $674,658 plus a 15% contingency amount of $101,198, for a total amount not to exceed $775,856, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/M Business Interiors to provide and install publicfacing furniture at the Main Library, in an amount of $307,999 plus a 15% contingency amount of $46,200, for a total notto exceed amount of $354,199, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dba Yamada Enterprises to provide and install libraryspecific furniture at the Main Library, in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total not toexceed amount of $473,759, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding (NonGeneral Fund) Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirect revenue account and appropriate same to the UASI CalOES Santa Ana expenditures accounts. (Requires five affirmative votes) 16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for a oneyear period beginning October 1, 2024 through September 30, 2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX). 2. Approve an appropriation adjustment accepting $755,000 in the Office of Traffic Safety, Federal GrantIndirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes) 17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fund and NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana Police Department for a five year period beginning December 15, 2024 to December 14, 2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX). 18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle Conversion Equipment and Installation Services (Specification No. 24105) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services, for a threeyear period commencing October 1, 2024 and expiring September 30, 2027, with a provision for one, twoyear renewal option, for a total amount, including extension, not to exceed $2,000,000 (Agreement No. A2024 XXX). 19.Agreement with Cumming Management Group, Inc. for Climate Action Plan Update Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Cumming Management Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with a contingency of $45,006 for a total amount of $495,066, for a threeyear term beginning October 1, 2024 and expiring September 30, 2027, with an option for two, oneyear extensions (Agreement No. A2024XXX). 20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance (NonGeneral and General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with BlueViolet to maintain existing security, access control, and intercom systems for a threeyear period beginning October 1, 2024 through September 30, 2027, with one, twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024 XXX). 21.Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $883,660, which includes $746,929 for the construction contract; $69,039 for contract administration, inspection, and testing; and a $74,693 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $883,660 of funding in the American Rescue Plan Act funds for the Santa Ana Wellness Plaza. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $746,929, for the construction of the Santa Ana Wellness Plaza Project, for the term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202466 was filed for Project 221358. 22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 0341700250001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 0341766066220). (Requires five affirmative votes) 2. Approve an amendment to the FY 202425 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work. 4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202464 was filled for Project No. 246045. 23.Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024 XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No. 202439, and ER No. 202440] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owners Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 202402 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 202405 2369 N Flower Street 9:0:0:0 Kevin Kajikawa and Jonathan Melendez 202406 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 202408 825 N Lacy Street 9:0:0:0 24.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final oneyear extension of Site Plan Review No. 202004 to November 9, 2025. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLAN REVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 25.Proposed Revisions to Youth Commission Bylaws Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during the initial consideration of this public hearing on September 17, 2024. 26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 8 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item or ii) agenda/general comments. You mayrequest to speak by dialing *9 from your phone or you may virtually raise your hand fromZoom. After the Clerk confirms the last three digits of the caller’s phone number orZoom 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 callerwill be provided three (3) minutes to speak, unless due to the number of speakerswanting to speak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court,Case No.: 30202301352256CUPACJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service EmployeesRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Qing Wei Lion and DragonDance Cultural TroupeADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Asian American Senior CitizensService Center declaring October 1, 2024 as International Day of Older People2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and DragonDance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/TetTrung Thu3.Proclamation presented by Councilmember Bacerra to the Planning and BuildingAgency declaring October 2024 as National Community Planning Month4.Certificate of Recognition presented by Councilmember Lopez to CRECE UrbanFarms for Outstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25 and waive reading of all resolutionsand ordinances. 5.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5Representative to the Youth Commission for a Partial Term Expiring December 10,2024Department(s): City Clerk’s OfficeRecommended Action: Appoint Adrian Ramirez to the Youth Commission as theWard 5 representative and administer the Oath of Office.7.Receive and File Quarterly Report of Investments as of June 30, 2024Department(s): Finance and Management ServicesRecommended Action: Receive and file.8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 toFiscal Year 202425Department(s): Finance and Management ServicesRecommended Action:1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspentamounts to be carried over to FY 202425. (Requires five affirmative votes)2. Approve an Appropriation Adjustment to increase the FY 202425 budget foramounts carried forward from FY 202324. (Requires five affirmative votes)9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water NorthAmerica for Bottle Water and Related Products (Specification No. 24093) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Award citywide purchase order to DS Services of America,Inc. dba Primo Water North America for bottled water and related products for a termbeginning on October 2, 2024 and expiring February 29, 2028, in an annual amount notto exceed $50,000.10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. forCitywide Translation and Interpretation Services (Specification No. 24022A) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute aggregateagreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. toprovide citywide translation and interpretation services for a term beginning October01, 2024 and expiring September 30, 2027, with provisions for two, oneyearextensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No.A2024XXX).Vendor LocationAccent on Languages, Inc.Berkeley, CACesar Vargas and Associates Orange, CAContinental Interpreting Services, Inc.Brea, CAInterpreters Unlimited, Inc.San Diego, CA11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization andJust Cause Eviction Program (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute Agreement withRSG, Inc. to provide contract staffing for the Rent Stabilization and Just CauseEviction Program for a twoyear term, with provisions for up to two, oneyearextensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX).12.Agreement with Evergreen Solutions, LLC for Classification and Compensation StudyServices (Specification No. 24081) (General Fund and NonGeneral Fund)Department(s): Human ResourcesRecommended Action: Authorize the City Manager to execute an agreement with Evergreen Solutions, LLC to provide classification and compensation study services for a term of one year, which will expire September 30, 2025, in an amount not to exceed $128,500 (Agreement A2024XXX). 13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC for Enterprise Land Management System Software and Implementation Services (Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive Santa Ana) Department(s): Information Technology Recommended Action: 1. Authorize the City Manager to execute an agreement with Carahsoft Technology Corp. for software subscription licensing, support, and training of Accela Civic Platform planning, permitting, and licensing system, in an aggregate amount not to exceed $1,800,000, for an initial oneyear term beginning October 1, 2024, with provisions for four optional oneyear renewals. (Agreement No. A2024 XXX). 2. Authorize the City Manager to execute an agreement with IK Consulting, LLC for Accela Civic Applications implementation services, in an amount not to exceed $1,107,445, for a 27month term beginning October 1, 2024 and expiring December 31, 2026. (Agreement No. A2024XXX). 14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/M Business Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and Office Furniture and Installation Services for the Main Library Renovation Project (No. 24 080A) (General Fund) (Revive Santa Ana) Department(s): Library Recommended Action: 1. Authorize the City Manager to execute an agreement with New Tangram, LLC dba Tangram Interiors to provide and install publicfacing and office furniture at the Main Library, in an amount of $674,658 plus a 15% contingency amount of $101,198, for a total amount not to exceed $775,856, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/M Business Interiors to provide and install publicfacing furniture at the Main Library, in an amount of $307,999 plus a 15% contingency amount of $46,200, for a total notto exceed amount of $354,199, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dba Yamada Enterprises to provide and install libraryspecific furniture at the Main Library, in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total not toexceed amount of $473,759, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding (NonGeneral Fund) Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirect revenue account and appropriate same to the UASI CalOES Santa Ana expenditures accounts. (Requires five affirmative votes) 16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for a oneyear period beginning October 1, 2024 through September 30, 2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX). 2. Approve an appropriation adjustment accepting $755,000 in the Office of Traffic Safety, Federal GrantIndirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes) 17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fund and NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana Police Department for a five year period beginning December 15, 2024 to December 14, 2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX). 18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle Conversion Equipment and Installation Services (Specification No. 24105) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services, for a threeyear period commencing October 1, 2024 and expiring September 30, 2027, with a provision for one, twoyear renewal option, for a total amount, including extension, not to exceed $2,000,000 (Agreement No. A2024 XXX). 19.Agreement with Cumming Management Group, Inc. for Climate Action Plan Update Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Cumming Management Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with a contingency of $45,006 for a total amount of $495,066, for a threeyear term beginning October 1, 2024 and expiring September 30, 2027, with an option for two, oneyear extensions (Agreement No. A2024XXX). 20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance (NonGeneral and General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with BlueViolet to maintain existing security, access control, and intercom systems for a threeyear period beginning October 1, 2024 through September 30, 2027, with one, twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024 XXX). 21.Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $883,660, which includes $746,929 for the construction contract; $69,039 for contract administration, inspection, and testing; and a $74,693 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $883,660 of funding in the American Rescue Plan Act funds for the Santa Ana Wellness Plaza. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $746,929, for the construction of the Santa Ana Wellness Plaza Project, for the term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202466 was filed for Project 221358. 22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 0341700250001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 0341766066220). (Requires five affirmative votes) 2. Approve an amendment to the FY 202425 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work. 4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202464 was filled for Project No. 246045. 23.Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024 XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No. 202439, and ER No. 202440] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owners Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 202402 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 202405 2369 N Flower Street 9:0:0:0 Kevin Kajikawa and Jonathan Melendez 202406 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 202408 825 N Lacy Street 9:0:0:0 24.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final oneyear extension of Site Plan Review No. 202004 to November 9, 2025. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLAN REVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 25.Proposed Revisions to Youth Commission Bylaws Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during the initial consideration of this public hearing on September 17, 2024. 26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 9 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item or ii) agenda/general comments. You mayrequest to speak by dialing *9 from your phone or you may virtually raise your hand fromZoom. After the Clerk confirms the last three digits of the caller’s phone number orZoom 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 callerwill be provided three (3) minutes to speak, unless due to the number of speakerswanting to speak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court,Case No.: 30202301352256CUPACJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service EmployeesRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Qing Wei Lion and DragonDance Cultural TroupeADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Asian American Senior CitizensService Center declaring October 1, 2024 as International Day of Older People2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and DragonDance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/TetTrung Thu3.Proclamation presented by Councilmember Bacerra to the Planning and BuildingAgency declaring October 2024 as National Community Planning Month4.Certificate of Recognition presented by Councilmember Lopez to CRECE UrbanFarms for Outstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25 and waive reading of all resolutionsand ordinances. 5.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5Representative to the Youth Commission for a Partial Term Expiring December 10,2024Department(s): City Clerk’s OfficeRecommended Action: Appoint Adrian Ramirez to the Youth Commission as theWard 5 representative and administer the Oath of Office.7.Receive and File Quarterly Report of Investments as of June 30, 2024Department(s): Finance and Management ServicesRecommended Action: Receive and file.8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 toFiscal Year 202425Department(s): Finance and Management ServicesRecommended Action:1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspentamounts to be carried over to FY 202425. (Requires five affirmative votes)2. Approve an Appropriation Adjustment to increase the FY 202425 budget foramounts carried forward from FY 202324. (Requires five affirmative votes)9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water NorthAmerica for Bottle Water and Related Products (Specification No. 24093) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Award citywide purchase order to DS Services of America,Inc. dba Primo Water North America for bottled water and related products for a termbeginning on October 2, 2024 and expiring February 29, 2028, in an annual amount notto exceed $50,000.10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. forCitywide Translation and Interpretation Services (Specification No. 24022A) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute aggregateagreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. toprovide citywide translation and interpretation services for a term beginning October01, 2024 and expiring September 30, 2027, with provisions for two, oneyearextensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No.A2024XXX).Vendor LocationAccent on Languages, Inc.Berkeley, CACesar Vargas and Associates Orange, CAContinental Interpreting Services, Inc.Brea, CAInterpreters Unlimited, Inc.San Diego, CA11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization andJust Cause Eviction Program (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute Agreement withRSG, Inc. to provide contract staffing for the Rent Stabilization and Just CauseEviction Program for a twoyear term, with provisions for up to two, oneyearextensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX).12.Agreement with Evergreen Solutions, LLC for Classification and Compensation StudyServices (Specification No. 24081) (General Fund and NonGeneral Fund)Department(s): Human ResourcesRecommended Action: Authorize the City Manager to execute an agreement withEvergreen Solutions, LLC to provide classification and compensation study servicesfor a term of one year, which will expire September 30, 2025, in an amount not toexceed $128,500 (Agreement A2024XXX).13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC forEnterprise Land Management System Software and Implementation Services(Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive SantaAna)Department(s): Information TechnologyRecommended Action: 1. Authorize the City Manager to execute an agreement withCarahsoft Technology Corp. for software subscription licensing, support, and trainingof Accela Civic Platform planning, permitting, and licensing system, in an aggregateamount not to exceed $1,800,000, for an initial oneyear term beginning October 1,2024, with provisions for four optional oneyear renewals. (Agreement No. A2024XXX).2. Authorize the City Manager to execute an agreement with IK Consulting, LLC forAccela Civic Applications implementation services, in an amount not to exceed$1,107,445, for a 27month term beginning October 1, 2024 and expiring December31, 2026. (Agreement No. A2024XXX).14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/MBusiness Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and OfficeFurniture and Installation Services for the Main Library Renovation Project (No. 24080A) (General Fund) (Revive Santa Ana)Department(s): LibraryRecommended Action: 1. Authorize the City Manager to execute an agreement withNew Tangram, LLC dba Tangram Interiors to provide and install publicfacing andoffice furniture at the Main Library, in an amount of $674,658 plus a 15% contingencyamount of $101,198, for a total amount not to exceed $775,856, for a term expiringDecember 31, 2026, with provision for one, oneyear renewal option (Agreement No.A2024XXX).2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/MBusiness Interiors to provide and install publicfacing furniture at the Main Library, inan amount of $307,999 plus a 15% contingency amount of $46,200, for a total nottoexceed amount of $354,199, for a term expiring December 31, 2026, with provisionfor one, oneyear renewal option (Agreement No. A2024XXX).3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dbaYamada Enterprises to provide and install libraryspecific furniture at the Main Library, in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total not toexceed amount of $473,759, for a term expiring December 31, 2026, with provision for one, oneyear renewal option (Agreement No. A2024XXX). 15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding (NonGeneral Fund) Department(s): Police Department Recommended Action: Approve an appropriation adjustment recognizing $5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirect revenue account and appropriate same to the UASI CalOES Santa Ana expenditures accounts. (Requires five affirmative votes) 16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for a oneyear period beginning October 1, 2024 through September 30, 2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX). 2. Approve an appropriation adjustment accepting $755,000 in the Office of Traffic Safety, Federal GrantIndirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes) 17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fund and NonGeneral Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana Police Department for a five year period beginning December 15, 2024 to December 14, 2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX). 18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle Conversion Equipment and Installation Services (Specification No. 24105) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services, for a threeyear period commencing October 1, 2024 and expiring September 30, 2027, with a provision for one, twoyear renewal option, for a total amount, including extension, not to exceed $2,000,000 (Agreement No. A2024 XXX). 19.Agreement with Cumming Management Group, Inc. for Climate Action Plan Update Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Cumming Management Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with a contingency of $45,006 for a total amount of $495,066, for a threeyear term beginning October 1, 2024 and expiring September 30, 2027, with an option for two, oneyear extensions (Agreement No. A2024XXX). 20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance (NonGeneral and General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with BlueViolet to maintain existing security, access control, and intercom systems for a threeyear period beginning October 1, 2024 through September 30, 2027, with one, twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024 XXX). 21.Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $883,660, which includes $746,929 for the construction contract; $69,039 for contract administration, inspection, and testing; and a $74,693 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $883,660 of funding in the American Rescue Plan Act funds for the Santa Ana Wellness Plaza. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $746,929, for the construction of the Santa Ana Wellness Plaza Project, for the term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202466 was filed for Project 221358. 22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 0341700250001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 0341766066220). (Requires five affirmative votes) 2. Approve an amendment to the FY 202425 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work. 4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202464 was filled for Project No. 246045. 23.Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024 XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No. 202439, and ER No. 202440] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owners Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 202402 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 202405 2369 N Flower Street 9:0:0:0 Kevin Kajikawa and Jonathan Melendez 202406 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 202408 825 N Lacy Street 9:0:0:0 24.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final oneyear extension of Site Plan Review No. 202004 to November 9, 2025. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLAN REVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 25.Proposed Revisions to Youth Commission Bylaws Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during the initial consideration of this public hearing on September 17, 2024. 26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 10 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item or ii) agenda/general comments. You mayrequest to speak by dialing *9 from your phone or you may virtually raise your hand fromZoom. After the Clerk confirms the last three digits of the caller’s phone number orZoom 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 callerwill be provided three (3) minutes to speak, unless due to the number of speakerswanting to speak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court,Case No.: 30202301352256CUPACJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service EmployeesRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Qing Wei Lion and DragonDance Cultural TroupeADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Asian American Senior CitizensService Center declaring October 1, 2024 as International Day of Older People2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and DragonDance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/TetTrung Thu3.Proclamation presented by Councilmember Bacerra to the Planning and BuildingAgency declaring October 2024 as National Community Planning Month4.Certificate of Recognition presented by Councilmember Lopez to CRECE UrbanFarms for Outstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25 and waive reading of all resolutionsand ordinances. 5.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5Representative to the Youth Commission for a Partial Term Expiring December 10,2024Department(s): City Clerk’s OfficeRecommended Action: Appoint Adrian Ramirez to the Youth Commission as theWard 5 representative and administer the Oath of Office.7.Receive and File Quarterly Report of Investments as of June 30, 2024Department(s): Finance and Management ServicesRecommended Action: Receive and file.8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 toFiscal Year 202425Department(s): Finance and Management ServicesRecommended Action:1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspentamounts to be carried over to FY 202425. (Requires five affirmative votes)2. Approve an Appropriation Adjustment to increase the FY 202425 budget foramounts carried forward from FY 202324. (Requires five affirmative votes)9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water NorthAmerica for Bottle Water and Related Products (Specification No. 24093) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Award citywide purchase order to DS Services of America,Inc. dba Primo Water North America for bottled water and related products for a termbeginning on October 2, 2024 and expiring February 29, 2028, in an annual amount notto exceed $50,000.10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. forCitywide Translation and Interpretation Services (Specification No. 24022A) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute aggregateagreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. toprovide citywide translation and interpretation services for a term beginning October01, 2024 and expiring September 30, 2027, with provisions for two, oneyearextensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No.A2024XXX).Vendor LocationAccent on Languages, Inc.Berkeley, CACesar Vargas and Associates Orange, CAContinental Interpreting Services, Inc.Brea, CAInterpreters Unlimited, Inc.San Diego, CA11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization andJust Cause Eviction Program (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute Agreement withRSG, Inc. to provide contract staffing for the Rent Stabilization and Just CauseEviction Program for a twoyear term, with provisions for up to two, oneyearextensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX).12.Agreement with Evergreen Solutions, LLC for Classification and Compensation StudyServices (Specification No. 24081) (General Fund and NonGeneral Fund)Department(s): Human ResourcesRecommended Action: Authorize the City Manager to execute an agreement withEvergreen Solutions, LLC to provide classification and compensation study servicesfor a term of one year, which will expire September 30, 2025, in an amount not toexceed $128,500 (Agreement A2024XXX).13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC forEnterprise Land Management System Software and Implementation Services(Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive SantaAna)Department(s): Information TechnologyRecommended Action: 1. Authorize the City Manager to execute an agreement withCarahsoft Technology Corp. for software subscription licensing, support, and trainingof Accela Civic Platform planning, permitting, and licensing system, in an aggregateamount not to exceed $1,800,000, for an initial oneyear term beginning October 1,2024, with provisions for four optional oneyear renewals. (Agreement No. A2024XXX).2. Authorize the City Manager to execute an agreement with IK Consulting, LLC forAccela Civic Applications implementation services, in an amount not to exceed$1,107,445, for a 27month term beginning October 1, 2024 and expiring December31, 2026. (Agreement No. A2024XXX).14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/MBusiness Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and OfficeFurniture and Installation Services for the Main Library Renovation Project (No. 24080A) (General Fund) (Revive Santa Ana)Department(s): LibraryRecommended Action: 1. Authorize the City Manager to execute an agreement withNew Tangram, LLC dba Tangram Interiors to provide and install publicfacing andoffice furniture at the Main Library, in an amount of $674,658 plus a 15% contingencyamount of $101,198, for a total amount not to exceed $775,856, for a term expiringDecember 31, 2026, with provision for one, oneyear renewal option (Agreement No.A2024XXX).2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/MBusiness Interiors to provide and install publicfacing furniture at the Main Library, inan amount of $307,999 plus a 15% contingency amount of $46,200, for a total nottoexceed amount of $354,199, for a term expiring December 31, 2026, with provisionfor one, oneyear renewal option (Agreement No. A2024XXX).3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dbaYamada Enterprises to provide and install libraryspecific furniture at the Main Library,in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total nottoexceed amount of $473,759, for a term expiring December 31, 2026, withprovision for one, oneyear renewal option (Agreement No. A2024XXX).15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding(NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Approve an appropriation adjustment recognizing$5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirectrevenue account and appropriate same to the UASI CalOES Santa Ana expendituresaccounts. (Requires five affirmative votes)16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Officeof Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund)Department(s): Police DepartmentRecommended Action: 1. Authorize the City Manager to execute an agreement withthe State of California Office of Traffic Safety for the Selective Traffic EnforcementProgram for a oneyear period beginning October 1, 2024 through September 30,2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX).2. Approve an appropriation adjustment accepting $755,000 in the Office of TrafficSafety, Federal GrantIndirect revenue account and appropriate same to the SelectiveTraffic Enforcement Program expenditure accounts. (Requires five affirmative votes)17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fundand NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute an agreement withAxon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana PoliceDepartment for a five year period beginning December 15, 2024 to December 14,2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX).18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle ConversionEquipment and Installation Services (Specification No. 24105) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withStommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment andinstallation services, for a threeyear period commencing October 1, 2024 and expiring September 30, 2027, with a provision for one, twoyear renewal option, for a total amount, including extension, not to exceed $2,000,000 (Agreement No. A2024 XXX). 19.Agreement with Cumming Management Group, Inc. for Climate Action Plan Update Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Cumming Management Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with a contingency of $45,006 for a total amount of $495,066, for a threeyear term beginning October 1, 2024 and expiring September 30, 2027, with an option for two, oneyear extensions (Agreement No. A2024XXX). 20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance (NonGeneral and General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with BlueViolet to maintain existing security, access control, and intercom systems for a threeyear period beginning October 1, 2024 through September 30, 2027, with one, twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024 XXX). 21.Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $883,660, which includes $746,929 for the construction contract; $69,039 for contract administration, inspection, and testing; and a $74,693 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $883,660 of funding in the American Rescue Plan Act funds for the Santa Ana Wellness Plaza. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $746,929, for the construction of the Santa Ana Wellness Plaza Project, for the term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202466 was filed for Project 221358. 22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 0341700250001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 0341766066220). (Requires five affirmative votes) 2. Approve an amendment to the FY 202425 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work. 4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202464 was filled for Project No. 246045. 23.Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024 XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No. 202439, and ER No. 202440] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owners Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 202402 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 202405 2369 N Flower Street 9:0:0:0 Kevin Kajikawa and Jonathan Melendez 202406 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 202408 825 N Lacy Street 9:0:0:0 24.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final oneyear extension of Site Plan Review No. 202004 to November 9, 2025. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLAN REVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 25.Proposed Revisions to Youth Commission Bylaws Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during the initial consideration of this public hearing on September 17, 2024. 26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 11 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item or ii) agenda/general comments. You mayrequest to speak by dialing *9 from your phone or you may virtually raise your hand fromZoom. After the Clerk confirms the last three digits of the caller’s phone number orZoom 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 callerwill be provided three (3) minutes to speak, unless due to the number of speakerswanting to speak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court,Case No.: 30202301352256CUPACJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service EmployeesRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Qing Wei Lion and DragonDance Cultural TroupeADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Asian American Senior CitizensService Center declaring October 1, 2024 as International Day of Older People2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and DragonDance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/TetTrung Thu3.Proclamation presented by Councilmember Bacerra to the Planning and BuildingAgency declaring October 2024 as National Community Planning Month4.Certificate of Recognition presented by Councilmember Lopez to CRECE UrbanFarms for Outstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25 and waive reading of all resolutionsand ordinances. 5.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5Representative to the Youth Commission for a Partial Term Expiring December 10,2024Department(s): City Clerk’s OfficeRecommended Action: Appoint Adrian Ramirez to the Youth Commission as theWard 5 representative and administer the Oath of Office.7.Receive and File Quarterly Report of Investments as of June 30, 2024Department(s): Finance and Management ServicesRecommended Action: Receive and file.8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 toFiscal Year 202425Department(s): Finance and Management ServicesRecommended Action:1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspentamounts to be carried over to FY 202425. (Requires five affirmative votes)2. Approve an Appropriation Adjustment to increase the FY 202425 budget foramounts carried forward from FY 202324. (Requires five affirmative votes)9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water NorthAmerica for Bottle Water and Related Products (Specification No. 24093) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Award citywide purchase order to DS Services of America,Inc. dba Primo Water North America for bottled water and related products for a termbeginning on October 2, 2024 and expiring February 29, 2028, in an annual amount notto exceed $50,000.10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. forCitywide Translation and Interpretation Services (Specification No. 24022A) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute aggregateagreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. toprovide citywide translation and interpretation services for a term beginning October01, 2024 and expiring September 30, 2027, with provisions for two, oneyearextensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No.A2024XXX).Vendor LocationAccent on Languages, Inc.Berkeley, CACesar Vargas and Associates Orange, CAContinental Interpreting Services, Inc.Brea, CAInterpreters Unlimited, Inc.San Diego, CA11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization andJust Cause Eviction Program (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute Agreement withRSG, Inc. to provide contract staffing for the Rent Stabilization and Just CauseEviction Program for a twoyear term, with provisions for up to two, oneyearextensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX).12.Agreement with Evergreen Solutions, LLC for Classification and Compensation StudyServices (Specification No. 24081) (General Fund and NonGeneral Fund)Department(s): Human ResourcesRecommended Action: Authorize the City Manager to execute an agreement withEvergreen Solutions, LLC to provide classification and compensation study servicesfor a term of one year, which will expire September 30, 2025, in an amount not toexceed $128,500 (Agreement A2024XXX).13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC forEnterprise Land Management System Software and Implementation Services(Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive SantaAna)Department(s): Information TechnologyRecommended Action: 1. Authorize the City Manager to execute an agreement withCarahsoft Technology Corp. for software subscription licensing, support, and trainingof Accela Civic Platform planning, permitting, and licensing system, in an aggregateamount not to exceed $1,800,000, for an initial oneyear term beginning October 1,2024, with provisions for four optional oneyear renewals. (Agreement No. A2024XXX).2. Authorize the City Manager to execute an agreement with IK Consulting, LLC forAccela Civic Applications implementation services, in an amount not to exceed$1,107,445, for a 27month term beginning October 1, 2024 and expiring December31, 2026. (Agreement No. A2024XXX).14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/MBusiness Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and OfficeFurniture and Installation Services for the Main Library Renovation Project (No. 24080A) (General Fund) (Revive Santa Ana)Department(s): LibraryRecommended Action: 1. Authorize the City Manager to execute an agreement withNew Tangram, LLC dba Tangram Interiors to provide and install publicfacing andoffice furniture at the Main Library, in an amount of $674,658 plus a 15% contingencyamount of $101,198, for a total amount not to exceed $775,856, for a term expiringDecember 31, 2026, with provision for one, oneyear renewal option (Agreement No.A2024XXX).2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/MBusiness Interiors to provide and install publicfacing furniture at the Main Library, inan amount of $307,999 plus a 15% contingency amount of $46,200, for a total nottoexceed amount of $354,199, for a term expiring December 31, 2026, with provisionfor one, oneyear renewal option (Agreement No. A2024XXX).3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dbaYamada Enterprises to provide and install libraryspecific furniture at the Main Library,in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total nottoexceed amount of $473,759, for a term expiring December 31, 2026, withprovision for one, oneyear renewal option (Agreement No. A2024XXX).15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding(NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Approve an appropriation adjustment recognizing$5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirectrevenue account and appropriate same to the UASI CalOES Santa Ana expendituresaccounts. (Requires five affirmative votes)16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Officeof Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund)Department(s): Police DepartmentRecommended Action: 1. Authorize the City Manager to execute an agreement withthe State of California Office of Traffic Safety for the Selective Traffic EnforcementProgram for a oneyear period beginning October 1, 2024 through September 30,2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX).2. Approve an appropriation adjustment accepting $755,000 in the Office of TrafficSafety, Federal GrantIndirect revenue account and appropriate same to the SelectiveTraffic Enforcement Program expenditure accounts. (Requires five affirmative votes)17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fundand NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute an agreement withAxon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana PoliceDepartment for a five year period beginning December 15, 2024 to December 14,2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX).18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle ConversionEquipment and Installation Services (Specification No. 24105) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withStommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment andinstallation services, for a threeyear period commencing October 1, 2024 andexpiring September 30, 2027, with a provision for one, twoyear renewal option, for atotal amount, including extension, not to exceed $2,000,000 (Agreement No. A2024XXX).19.Agreement with Cumming Management Group, Inc. for Climate Action Plan UpdateServices (General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withCumming Management Group, Inc. to prepare a new Climate Action Plan in the baseamount of $450,060, with a contingency of $45,006 for a total amount of $495,066, fora threeyear term beginning October 1, 2024 and expiring September 30, 2027, withan option for two, oneyear extensions (Agreement No. A2024XXX).20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance(NonGeneral and General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withBlueViolet to maintain existing security, access control, and intercom systems for athreeyear period beginning October 1, 2024 through September 30, 2027, with one,twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024XXX).21.Construction Contract with Diamond Construction & Design for the Santa AnaWellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive SantaAna)Department(s): Public Works AgencyRecommended Action: 1. Approve the Project Cost Analysis for a total estimatedconstruction delivery cost of $883,660, which includes $746,929 for the constructioncontract; $69,039 for contract administration, inspection, and testing; and a $74,693project contingency for unanticipated or unforeseen work.2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $883,660 of funding in the American Rescue Plan Act funds for the SantaAna Wellness Plaza.3. Award a construction contract to Diamond Construction & Design, the lowestresponsible bidder, in accordance with the base bid in the amount of $746,929, forthe construction of the Santa Ana Wellness Plaza Project, for the term beginningOctober 1, 2024 and ending upon project completion, and authorize the City Managerto execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202466 was filed for Project 221358. 22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 0341700250001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 0341766066220). (Requires five affirmative votes) 2. Approve an amendment to the FY 202425 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work. 4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 246045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202464 was filled for Project No. 246045. 23.Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024 XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No. 202439, and ER No. 202440] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owners Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 202402 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 202405 2369 N Flower Street 9:0:0:0 Kevin Kajikawa and Jonathan Melendez 202406 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 202408 825 N Lacy Street 9:0:0:0 24.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final oneyear extension of Site Plan Review No. 202004 to November 9, 2025. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLAN REVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 25.Proposed Revisions to Youth Commission Bylaws Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during the initial consideration of this public hearing on September 17, 2024. 26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 12 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item or ii) agenda/general comments. You mayrequest to speak by dialing *9 from your phone or you may virtually raise your hand fromZoom. After the Clerk confirms the last three digits of the caller’s phone number orZoom 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 callerwill be provided three (3) minutes to speak, unless due to the number of speakerswanting to speak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court,Case No.: 30202301352256CUPACJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service EmployeesRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Qing Wei Lion and DragonDance Cultural TroupeADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Asian American Senior CitizensService Center declaring October 1, 2024 as International Day of Older People2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and DragonDance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/TetTrung Thu3.Proclamation presented by Councilmember Bacerra to the Planning and BuildingAgency declaring October 2024 as National Community Planning Month4.Certificate of Recognition presented by Councilmember Lopez to CRECE UrbanFarms for Outstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25 and waive reading of all resolutionsand ordinances. 5.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5Representative to the Youth Commission for a Partial Term Expiring December 10,2024Department(s): City Clerk’s OfficeRecommended Action: Appoint Adrian Ramirez to the Youth Commission as theWard 5 representative and administer the Oath of Office.7.Receive and File Quarterly Report of Investments as of June 30, 2024Department(s): Finance and Management ServicesRecommended Action: Receive and file.8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 toFiscal Year 202425Department(s): Finance and Management ServicesRecommended Action:1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspentamounts to be carried over to FY 202425. (Requires five affirmative votes)2. Approve an Appropriation Adjustment to increase the FY 202425 budget foramounts carried forward from FY 202324. (Requires five affirmative votes)9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water NorthAmerica for Bottle Water and Related Products (Specification No. 24093) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Award citywide purchase order to DS Services of America,Inc. dba Primo Water North America for bottled water and related products for a termbeginning on October 2, 2024 and expiring February 29, 2028, in an annual amount notto exceed $50,000.10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. forCitywide Translation and Interpretation Services (Specification No. 24022A) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute aggregateagreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. toprovide citywide translation and interpretation services for a term beginning October01, 2024 and expiring September 30, 2027, with provisions for two, oneyearextensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No.A2024XXX).Vendor LocationAccent on Languages, Inc.Berkeley, CACesar Vargas and Associates Orange, CAContinental Interpreting Services, Inc.Brea, CAInterpreters Unlimited, Inc.San Diego, CA11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization andJust Cause Eviction Program (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute Agreement withRSG, Inc. to provide contract staffing for the Rent Stabilization and Just CauseEviction Program for a twoyear term, with provisions for up to two, oneyearextensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX).12.Agreement with Evergreen Solutions, LLC for Classification and Compensation StudyServices (Specification No. 24081) (General Fund and NonGeneral Fund)Department(s): Human ResourcesRecommended Action: Authorize the City Manager to execute an agreement withEvergreen Solutions, LLC to provide classification and compensation study servicesfor a term of one year, which will expire September 30, 2025, in an amount not toexceed $128,500 (Agreement A2024XXX).13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC forEnterprise Land Management System Software and Implementation Services(Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive SantaAna)Department(s): Information TechnologyRecommended Action: 1. Authorize the City Manager to execute an agreement withCarahsoft Technology Corp. for software subscription licensing, support, and trainingof Accela Civic Platform planning, permitting, and licensing system, in an aggregateamount not to exceed $1,800,000, for an initial oneyear term beginning October 1,2024, with provisions for four optional oneyear renewals. (Agreement No. A2024XXX).2. Authorize the City Manager to execute an agreement with IK Consulting, LLC forAccela Civic Applications implementation services, in an amount not to exceed$1,107,445, for a 27month term beginning October 1, 2024 and expiring December31, 2026. (Agreement No. A2024XXX).14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/MBusiness Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and OfficeFurniture and Installation Services for the Main Library Renovation Project (No. 24080A) (General Fund) (Revive Santa Ana)Department(s): LibraryRecommended Action: 1. Authorize the City Manager to execute an agreement withNew Tangram, LLC dba Tangram Interiors to provide and install publicfacing andoffice furniture at the Main Library, in an amount of $674,658 plus a 15% contingencyamount of $101,198, for a total amount not to exceed $775,856, for a term expiringDecember 31, 2026, with provision for one, oneyear renewal option (Agreement No.A2024XXX).2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/MBusiness Interiors to provide and install publicfacing furniture at the Main Library, inan amount of $307,999 plus a 15% contingency amount of $46,200, for a total nottoexceed amount of $354,199, for a term expiring December 31, 2026, with provisionfor one, oneyear renewal option (Agreement No. A2024XXX).3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dbaYamada Enterprises to provide and install libraryspecific furniture at the Main Library,in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total nottoexceed amount of $473,759, for a term expiring December 31, 2026, withprovision for one, oneyear renewal option (Agreement No. A2024XXX).15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding(NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Approve an appropriation adjustment recognizing$5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirectrevenue account and appropriate same to the UASI CalOES Santa Ana expendituresaccounts. (Requires five affirmative votes)16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Officeof Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund)Department(s): Police DepartmentRecommended Action: 1. Authorize the City Manager to execute an agreement withthe State of California Office of Traffic Safety for the Selective Traffic EnforcementProgram for a oneyear period beginning October 1, 2024 through September 30,2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX).2. Approve an appropriation adjustment accepting $755,000 in the Office of TrafficSafety, Federal GrantIndirect revenue account and appropriate same to the SelectiveTraffic Enforcement Program expenditure accounts. (Requires five affirmative votes)17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fundand NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute an agreement withAxon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana PoliceDepartment for a five year period beginning December 15, 2024 to December 14,2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX).18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle ConversionEquipment and Installation Services (Specification No. 24105) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withStommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment andinstallation services, for a threeyear period commencing October 1, 2024 andexpiring September 30, 2027, with a provision for one, twoyear renewal option, for atotal amount, including extension, not to exceed $2,000,000 (Agreement No. A2024XXX).19.Agreement with Cumming Management Group, Inc. for Climate Action Plan UpdateServices (General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withCumming Management Group, Inc. to prepare a new Climate Action Plan in the baseamount of $450,060, with a contingency of $45,006 for a total amount of $495,066, fora threeyear term beginning October 1, 2024 and expiring September 30, 2027, withan option for two, oneyear extensions (Agreement No. A2024XXX).20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance(NonGeneral and General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withBlueViolet to maintain existing security, access control, and intercom systems for athreeyear period beginning October 1, 2024 through September 30, 2027, with one,twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024XXX).21.Construction Contract with Diamond Construction & Design for the Santa AnaWellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive SantaAna)Department(s): Public Works AgencyRecommended Action: 1. Approve the Project Cost Analysis for a total estimatedconstruction delivery cost of $883,660, which includes $746,929 for the constructioncontract; $69,039 for contract administration, inspection, and testing; and a $74,693project contingency for unanticipated or unforeseen work.2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $883,660 of funding in the American Rescue Plan Act funds for the SantaAna Wellness Plaza.3. Award a construction contract to Diamond Construction & Design, the lowestresponsible bidder, in accordance with the base bid in the amount of $746,929, forthe construction of the Santa Ana Wellness Plaza Project, for the term beginningOctober 1, 2024 and ending upon project completion, and authorize the City Managerto execute the contract.4. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202466 was filed for Project 221358.22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installationat Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General andNonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$132,134 in the New Transportation System Improvements Area E, Prior Year CarryForward revenue account (No. 0341700250001) and appropriate the same amountinto the New Transportation System Improvements Area E, Improvements Other ThanBuildings expenditure account (No. 0341766066220). (Requires five affirmativevotes)2. Approve an amendment to the FY 202425 Capital Improvement Program toinclude $132,134 in construction funding from the Transportation System ImprovementArea E account for the Traffic Signal Installation at Segerstrom Avenue and SpruceStreet Project (No. 246045).3. Approve the Project Cost Analysis for a total estimated construction delivery cost of$803,348, which includes $642,628 for the construction contract; $96,395 for contractadministration, inspection, and testing; and a $64,325 project contingency forunanticipated or unforeseen work.4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsiblebidder, in accordance with the base bid and bid alternates in the amount of $642,628,subject to change orders, for construction of the Traffic Signal Installation atSegerstrom Avenue and Spruce Street Project (No. 246045), for a term beginningOctober 1, 2024 and ending upon project completion, and authorize the City Managerto execute the contract.5. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202464 was filled for Project No. 246045.23.Historic Property Preservation Agreements for the Properties Located at 2620 NFlower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy StreetDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager to execute the attached MillsAct agreements with the belowreferenced property owners for the identifiedstructure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024XXX). [Includes determination that the proposed projects are exempt from furtherreview in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No. 202439, and ER No. 202440] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owners Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 202402 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 202405 2369 N Flower Street 9:0:0:0 Kevin Kajikawa and Jonathan Melendez 202406 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 202408 825 N Lacy Street 9:0:0:0 24.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUse Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final oneyear extension of Site Plan Review No. 202004 to November 9, 2025. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLAN REVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 25.Proposed Revisions to Youth Commission Bylaws Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during the initial consideration of this public hearing on September 17, 2024. 26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 13 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item or ii) agenda/general comments. You mayrequest to speak by dialing *9 from your phone or you may virtually raise your hand fromZoom. After the Clerk confirms the last three digits of the caller’s phone number orZoom 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 callerwill be provided three (3) minutes to speak, unless due to the number of speakerswanting to speak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court,Case No.: 30202301352256CUPACJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service EmployeesRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Qing Wei Lion and DragonDance Cultural TroupeADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Asian American Senior CitizensService Center declaring October 1, 2024 as International Day of Older People2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and DragonDance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/TetTrung Thu3.Proclamation presented by Councilmember Bacerra to the Planning and BuildingAgency declaring October 2024 as National Community Planning Month4.Certificate of Recognition presented by Councilmember Lopez to CRECE UrbanFarms for Outstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25 and waive reading of all resolutionsand ordinances. 5.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5Representative to the Youth Commission for a Partial Term Expiring December 10,2024Department(s): City Clerk’s OfficeRecommended Action: Appoint Adrian Ramirez to the Youth Commission as theWard 5 representative and administer the Oath of Office.7.Receive and File Quarterly Report of Investments as of June 30, 2024Department(s): Finance and Management ServicesRecommended Action: Receive and file.8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 toFiscal Year 202425Department(s): Finance and Management ServicesRecommended Action:1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspentamounts to be carried over to FY 202425. (Requires five affirmative votes)2. Approve an Appropriation Adjustment to increase the FY 202425 budget foramounts carried forward from FY 202324. (Requires five affirmative votes)9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water NorthAmerica for Bottle Water and Related Products (Specification No. 24093) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Award citywide purchase order to DS Services of America,Inc. dba Primo Water North America for bottled water and related products for a termbeginning on October 2, 2024 and expiring February 29, 2028, in an annual amount notto exceed $50,000.10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. forCitywide Translation and Interpretation Services (Specification No. 24022A) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute aggregateagreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. toprovide citywide translation and interpretation services for a term beginning October01, 2024 and expiring September 30, 2027, with provisions for two, oneyearextensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No.A2024XXX).Vendor LocationAccent on Languages, Inc.Berkeley, CACesar Vargas and Associates Orange, CAContinental Interpreting Services, Inc.Brea, CAInterpreters Unlimited, Inc.San Diego, CA11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization andJust Cause Eviction Program (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute Agreement withRSG, Inc. to provide contract staffing for the Rent Stabilization and Just CauseEviction Program for a twoyear term, with provisions for up to two, oneyearextensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX).12.Agreement with Evergreen Solutions, LLC for Classification and Compensation StudyServices (Specification No. 24081) (General Fund and NonGeneral Fund)Department(s): Human ResourcesRecommended Action: Authorize the City Manager to execute an agreement withEvergreen Solutions, LLC to provide classification and compensation study servicesfor a term of one year, which will expire September 30, 2025, in an amount not toexceed $128,500 (Agreement A2024XXX).13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC forEnterprise Land Management System Software and Implementation Services(Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive SantaAna)Department(s): Information TechnologyRecommended Action: 1. Authorize the City Manager to execute an agreement withCarahsoft Technology Corp. for software subscription licensing, support, and trainingof Accela Civic Platform planning, permitting, and licensing system, in an aggregateamount not to exceed $1,800,000, for an initial oneyear term beginning October 1,2024, with provisions for four optional oneyear renewals. (Agreement No. A2024XXX).2. Authorize the City Manager to execute an agreement with IK Consulting, LLC forAccela Civic Applications implementation services, in an amount not to exceed$1,107,445, for a 27month term beginning October 1, 2024 and expiring December31, 2026. (Agreement No. A2024XXX).14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/MBusiness Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and OfficeFurniture and Installation Services for the Main Library Renovation Project (No. 24080A) (General Fund) (Revive Santa Ana)Department(s): LibraryRecommended Action: 1. Authorize the City Manager to execute an agreement withNew Tangram, LLC dba Tangram Interiors to provide and install publicfacing andoffice furniture at the Main Library, in an amount of $674,658 plus a 15% contingencyamount of $101,198, for a total amount not to exceed $775,856, for a term expiringDecember 31, 2026, with provision for one, oneyear renewal option (Agreement No.A2024XXX).2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/MBusiness Interiors to provide and install publicfacing furniture at the Main Library, inan amount of $307,999 plus a 15% contingency amount of $46,200, for a total nottoexceed amount of $354,199, for a term expiring December 31, 2026, with provisionfor one, oneyear renewal option (Agreement No. A2024XXX).3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dbaYamada Enterprises to provide and install libraryspecific furniture at the Main Library,in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total nottoexceed amount of $473,759, for a term expiring December 31, 2026, withprovision for one, oneyear renewal option (Agreement No. A2024XXX).15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding(NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Approve an appropriation adjustment recognizing$5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirectrevenue account and appropriate same to the UASI CalOES Santa Ana expendituresaccounts. (Requires five affirmative votes)16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Officeof Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund)Department(s): Police DepartmentRecommended Action: 1. Authorize the City Manager to execute an agreement withthe State of California Office of Traffic Safety for the Selective Traffic EnforcementProgram for a oneyear period beginning October 1, 2024 through September 30,2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX).2. Approve an appropriation adjustment accepting $755,000 in the Office of TrafficSafety, Federal GrantIndirect revenue account and appropriate same to the SelectiveTraffic Enforcement Program expenditure accounts. (Requires five affirmative votes)17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fundand NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute an agreement withAxon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana PoliceDepartment for a five year period beginning December 15, 2024 to December 14,2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX).18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle ConversionEquipment and Installation Services (Specification No. 24105) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withStommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment andinstallation services, for a threeyear period commencing October 1, 2024 andexpiring September 30, 2027, with a provision for one, twoyear renewal option, for atotal amount, including extension, not to exceed $2,000,000 (Agreement No. A2024XXX).19.Agreement with Cumming Management Group, Inc. for Climate Action Plan UpdateServices (General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withCumming Management Group, Inc. to prepare a new Climate Action Plan in the baseamount of $450,060, with a contingency of $45,006 for a total amount of $495,066, fora threeyear term beginning October 1, 2024 and expiring September 30, 2027, withan option for two, oneyear extensions (Agreement No. A2024XXX).20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance(NonGeneral and General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withBlueViolet to maintain existing security, access control, and intercom systems for athreeyear period beginning October 1, 2024 through September 30, 2027, with one,twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024XXX).21.Construction Contract with Diamond Construction & Design for the Santa AnaWellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive SantaAna)Department(s): Public Works AgencyRecommended Action: 1. Approve the Project Cost Analysis for a total estimatedconstruction delivery cost of $883,660, which includes $746,929 for the constructioncontract; $69,039 for contract administration, inspection, and testing; and a $74,693project contingency for unanticipated or unforeseen work.2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $883,660 of funding in the American Rescue Plan Act funds for the SantaAna Wellness Plaza.3. Award a construction contract to Diamond Construction & Design, the lowestresponsible bidder, in accordance with the base bid in the amount of $746,929, forthe construction of the Santa Ana Wellness Plaza Project, for the term beginningOctober 1, 2024 and ending upon project completion, and authorize the City Managerto execute the contract.4. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202466 was filed for Project 221358.22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installationat Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General andNonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$132,134 in the New Transportation System Improvements Area E, Prior Year CarryForward revenue account (No. 0341700250001) and appropriate the same amountinto the New Transportation System Improvements Area E, Improvements Other ThanBuildings expenditure account (No. 0341766066220). (Requires five affirmativevotes)2. Approve an amendment to the FY 202425 Capital Improvement Program toinclude $132,134 in construction funding from the Transportation System ImprovementArea E account for the Traffic Signal Installation at Segerstrom Avenue and SpruceStreet Project (No. 246045).3. Approve the Project Cost Analysis for a total estimated construction delivery cost of$803,348, which includes $642,628 for the construction contract; $96,395 for contractadministration, inspection, and testing; and a $64,325 project contingency forunanticipated or unforeseen work.4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsiblebidder, in accordance with the base bid and bid alternates in the amount of $642,628,subject to change orders, for construction of the Traffic Signal Installation atSegerstrom Avenue and Spruce Street Project (No. 246045), for a term beginningOctober 1, 2024 and ending upon project completion, and authorize the City Managerto execute the contract.5. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202464 was filled for Project No. 246045.23.Historic Property Preservation Agreements for the Properties Located at 2620 NFlower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy StreetDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager to execute the attached MillsAct agreements with the belowreferenced property owners for the identifiedstructure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024XXX). [Includes determination that the proposed projects are exempt from furtherreview in accordance with the California Environmental Quality Act as the followingCategorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No.202439, and ER No. 202440]Table 1: Mills Act Agreements Approved by the Historic Resources Commission(HRC)PropertyOwners Historic PropertyPreservationAgreement No.Address/House Vote by HRCThomas M.Harris 202402 2620 N FlowerStreet 8:0:0:1 (CommissionerEscamilla absent)Paul Gulino andJulie Bidmead 202405 2369 N FlowerStreet 9:0:0:0Kevin Kajikawaand JonathanMelendez 202406 424 SBroadway 8:0:0:1 (CommissionerEscamilla absent)David BushSmith 202408 825 N LacyStreet 9:0:0:024.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUseProject to be Located at 1801 East Fourth StreetDepartment(s): Planning and Building AgencyRecommended Action: 1. Adopt a resolution approving a third and final oneyearextension of Site Plan Review No. 202004 to November 9, 2025.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLANREVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENTTO BE LOCATED AT 1801 EAST FOURTH STREET2. Determine that, pursuant to the California Environmental Quality Act (CEQA) andthe CEQA Guidelines, the extension for this project is exempt pursuant to Section15061(b)(3). This determination has been made as it has been determined that theproposed action to extend the existing, approved entitlement does not have thepotential to cause a significant effect on the environment, as the existing, approvedentitlement has already been evaluated pursuant to CEQA.25.Proposed Revisions to Youth Commission BylawsDepartment(s): Parks, Recreation, and Community ServicesRecommended Action: Adopt a resolution approving revised bylaws for the YouthCommission to reflect a new meeting date and time, update procedures, and makeclerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION **END OF CONSENT CALENDAR** PUBLIC HEARING PUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during the initial consideration of this public hearing on September 17, 2024. 26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 14 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item or ii) agenda/general comments. You mayrequest to speak by dialing *9 from your phone or you may virtually raise your hand fromZoom. After the Clerk confirms the last three digits of the caller’s phone number orZoom 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 callerwill be provided three (3) minutes to speak, unless due to the number of speakerswanting to speak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court,Case No.: 30202301352256CUPACJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service EmployeesRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Qing Wei Lion and DragonDance Cultural TroupeADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Asian American Senior CitizensService Center declaring October 1, 2024 as International Day of Older People2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and DragonDance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/TetTrung Thu3.Proclamation presented by Councilmember Bacerra to the Planning and BuildingAgency declaring October 2024 as National Community Planning Month4.Certificate of Recognition presented by Councilmember Lopez to CRECE UrbanFarms for Outstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25 and waive reading of all resolutionsand ordinances. 5.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5Representative to the Youth Commission for a Partial Term Expiring December 10,2024Department(s): City Clerk’s OfficeRecommended Action: Appoint Adrian Ramirez to the Youth Commission as theWard 5 representative and administer the Oath of Office.7.Receive and File Quarterly Report of Investments as of June 30, 2024Department(s): Finance and Management ServicesRecommended Action: Receive and file.8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 toFiscal Year 202425Department(s): Finance and Management ServicesRecommended Action:1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspentamounts to be carried over to FY 202425. (Requires five affirmative votes)2. Approve an Appropriation Adjustment to increase the FY 202425 budget foramounts carried forward from FY 202324. (Requires five affirmative votes)9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water NorthAmerica for Bottle Water and Related Products (Specification No. 24093) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Award citywide purchase order to DS Services of America,Inc. dba Primo Water North America for bottled water and related products for a termbeginning on October 2, 2024 and expiring February 29, 2028, in an annual amount notto exceed $50,000.10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. forCitywide Translation and Interpretation Services (Specification No. 24022A) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute aggregateagreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. toprovide citywide translation and interpretation services for a term beginning October01, 2024 and expiring September 30, 2027, with provisions for two, oneyearextensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No.A2024XXX).Vendor LocationAccent on Languages, Inc.Berkeley, CACesar Vargas and Associates Orange, CAContinental Interpreting Services, Inc.Brea, CAInterpreters Unlimited, Inc.San Diego, CA11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization andJust Cause Eviction Program (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute Agreement withRSG, Inc. to provide contract staffing for the Rent Stabilization and Just CauseEviction Program for a twoyear term, with provisions for up to two, oneyearextensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX).12.Agreement with Evergreen Solutions, LLC for Classification and Compensation StudyServices (Specification No. 24081) (General Fund and NonGeneral Fund)Department(s): Human ResourcesRecommended Action: Authorize the City Manager to execute an agreement withEvergreen Solutions, LLC to provide classification and compensation study servicesfor a term of one year, which will expire September 30, 2025, in an amount not toexceed $128,500 (Agreement A2024XXX).13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC forEnterprise Land Management System Software and Implementation Services(Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive SantaAna)Department(s): Information TechnologyRecommended Action: 1. Authorize the City Manager to execute an agreement withCarahsoft Technology Corp. for software subscription licensing, support, and trainingof Accela Civic Platform planning, permitting, and licensing system, in an aggregateamount not to exceed $1,800,000, for an initial oneyear term beginning October 1,2024, with provisions for four optional oneyear renewals. (Agreement No. A2024XXX).2. Authorize the City Manager to execute an agreement with IK Consulting, LLC forAccela Civic Applications implementation services, in an amount not to exceed$1,107,445, for a 27month term beginning October 1, 2024 and expiring December31, 2026. (Agreement No. A2024XXX).14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/MBusiness Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and OfficeFurniture and Installation Services for the Main Library Renovation Project (No. 24080A) (General Fund) (Revive Santa Ana)Department(s): LibraryRecommended Action: 1. Authorize the City Manager to execute an agreement withNew Tangram, LLC dba Tangram Interiors to provide and install publicfacing andoffice furniture at the Main Library, in an amount of $674,658 plus a 15% contingencyamount of $101,198, for a total amount not to exceed $775,856, for a term expiringDecember 31, 2026, with provision for one, oneyear renewal option (Agreement No.A2024XXX).2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/MBusiness Interiors to provide and install publicfacing furniture at the Main Library, inan amount of $307,999 plus a 15% contingency amount of $46,200, for a total nottoexceed amount of $354,199, for a term expiring December 31, 2026, with provisionfor one, oneyear renewal option (Agreement No. A2024XXX).3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dbaYamada Enterprises to provide and install libraryspecific furniture at the Main Library,in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total nottoexceed amount of $473,759, for a term expiring December 31, 2026, withprovision for one, oneyear renewal option (Agreement No. A2024XXX).15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding(NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Approve an appropriation adjustment recognizing$5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirectrevenue account and appropriate same to the UASI CalOES Santa Ana expendituresaccounts. (Requires five affirmative votes)16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Officeof Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund)Department(s): Police DepartmentRecommended Action: 1. Authorize the City Manager to execute an agreement withthe State of California Office of Traffic Safety for the Selective Traffic EnforcementProgram for a oneyear period beginning October 1, 2024 through September 30,2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX).2. Approve an appropriation adjustment accepting $755,000 in the Office of TrafficSafety, Federal GrantIndirect revenue account and appropriate same to the SelectiveTraffic Enforcement Program expenditure accounts. (Requires five affirmative votes)17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fundand NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute an agreement withAxon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana PoliceDepartment for a five year period beginning December 15, 2024 to December 14,2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX).18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle ConversionEquipment and Installation Services (Specification No. 24105) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withStommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment andinstallation services, for a threeyear period commencing October 1, 2024 andexpiring September 30, 2027, with a provision for one, twoyear renewal option, for atotal amount, including extension, not to exceed $2,000,000 (Agreement No. A2024XXX).19.Agreement with Cumming Management Group, Inc. for Climate Action Plan UpdateServices (General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withCumming Management Group, Inc. to prepare a new Climate Action Plan in the baseamount of $450,060, with a contingency of $45,006 for a total amount of $495,066, fora threeyear term beginning October 1, 2024 and expiring September 30, 2027, withan option for two, oneyear extensions (Agreement No. A2024XXX).20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance(NonGeneral and General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withBlueViolet to maintain existing security, access control, and intercom systems for athreeyear period beginning October 1, 2024 through September 30, 2027, with one,twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024XXX).21.Construction Contract with Diamond Construction & Design for the Santa AnaWellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive SantaAna)Department(s): Public Works AgencyRecommended Action: 1. Approve the Project Cost Analysis for a total estimatedconstruction delivery cost of $883,660, which includes $746,929 for the constructioncontract; $69,039 for contract administration, inspection, and testing; and a $74,693project contingency for unanticipated or unforeseen work.2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $883,660 of funding in the American Rescue Plan Act funds for the SantaAna Wellness Plaza.3. Award a construction contract to Diamond Construction & Design, the lowestresponsible bidder, in accordance with the base bid in the amount of $746,929, forthe construction of the Santa Ana Wellness Plaza Project, for the term beginningOctober 1, 2024 and ending upon project completion, and authorize the City Managerto execute the contract.4. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202466 was filed for Project 221358.22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installationat Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General andNonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$132,134 in the New Transportation System Improvements Area E, Prior Year CarryForward revenue account (No. 0341700250001) and appropriate the same amountinto the New Transportation System Improvements Area E, Improvements Other ThanBuildings expenditure account (No. 0341766066220). (Requires five affirmativevotes)2. Approve an amendment to the FY 202425 Capital Improvement Program toinclude $132,134 in construction funding from the Transportation System ImprovementArea E account for the Traffic Signal Installation at Segerstrom Avenue and SpruceStreet Project (No. 246045).3. Approve the Project Cost Analysis for a total estimated construction delivery cost of$803,348, which includes $642,628 for the construction contract; $96,395 for contractadministration, inspection, and testing; and a $64,325 project contingency forunanticipated or unforeseen work.4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsiblebidder, in accordance with the base bid and bid alternates in the amount of $642,628,subject to change orders, for construction of the Traffic Signal Installation atSegerstrom Avenue and Spruce Street Project (No. 246045), for a term beginningOctober 1, 2024 and ending upon project completion, and authorize the City Managerto execute the contract.5. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202464 was filled for Project No. 246045.23.Historic Property Preservation Agreements for the Properties Located at 2620 NFlower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy StreetDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager to execute the attached MillsAct agreements with the belowreferenced property owners for the identifiedstructure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024XXX). [Includes determination that the proposed projects are exempt from furtherreview in accordance with the California Environmental Quality Act as the followingCategorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No.202439, and ER No. 202440]Table 1: Mills Act Agreements Approved by the Historic Resources Commission(HRC)PropertyOwners Historic PropertyPreservationAgreement No.Address/House Vote by HRCThomas M.Harris 202402 2620 N FlowerStreet 8:0:0:1 (CommissionerEscamilla absent)Paul Gulino andJulie Bidmead 202405 2369 N FlowerStreet 9:0:0:0Kevin Kajikawaand JonathanMelendez 202406 424 SBroadway 8:0:0:1 (CommissionerEscamilla absent)David BushSmith 202408 825 N LacyStreet 9:0:0:024.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUseProject to be Located at 1801 East Fourth StreetDepartment(s): Planning and Building AgencyRecommended Action: 1. Adopt a resolution approving a third and final oneyearextension of Site Plan Review No. 202004 to November 9, 2025.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLANREVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENTTO BE LOCATED AT 1801 EAST FOURTH STREET2. Determine that, pursuant to the California Environmental Quality Act (CEQA) andthe CEQA Guidelines, the extension for this project is exempt pursuant to Section15061(b)(3). This determination has been made as it has been determined that theproposed action to extend the existing, approved entitlement does not have thepotential to cause a significant effect on the environment, as the existing, approvedentitlement has already been evaluated pursuant to CEQA.25.Proposed Revisions to Youth Commission BylawsDepartment(s): Parks, Recreation, and Community ServicesRecommended Action: Adopt a resolution approving revised bylaws for the YouthCommission to reflect a new meeting date and time, update procedures, and makeclerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTHCOMMISSION**END OF CONSENT CALENDAR**PUBLIC HEARINGPUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during theinitial consideration of this public hearing on September 17, 2024.26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303,Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, andOverrule of the Orange County Airport Land Use Commission’s Determination ofInconsistency for the Related Bristol Specific Plan Entitlements and DevelopmentAgreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in theSurrounding AreaLegal notice published in the OC Register and OC Reporter on September 6, 2024and notices mailed on same date. Notice of Continuance posted on September 18,2024.Department(s): Planning and Building AgencyRecommended Action: 1. Adopt a resolution to (1) certify the Final SupplementalEnvironmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), includingadoption of environmental findings of fact pursuant to the California EnvironmentalQuality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt theMitigation Monitoring and Reporting Program;RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTALENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFICPLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTALFINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONCONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIAENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATIONMONITORING AND REPORTING PROGRAM2. Adopt a resolution overruling the Orange County Airport Land Use Commission’sdetermination that the Related Bristol Specific Plan is inconsistent with the AirportEnvirons Land Use Plan, including supportive findings;RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTYAIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSEDRELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORTENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDINGSUPPORTIVE FINDINGS3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] **END OF PUBLIC HEARING** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 15 10/1/2024 City Council Meeting PacketOctober 1, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn 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) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode 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 andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item or ii) agenda/general comments. You mayrequest to speak by dialing *9 from your phone or you may virtually raise your hand fromZoom. After the Clerk confirms the last three digits of the caller’s phone number orZoom 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 callerwill be provided three (3) minutes to speak, unless due to the number of speakerswanting to speak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:A. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court,Case No.: 30202301352256CUPACJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service EmployeesRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Qing Wei Lion and DragonDance Cultural TroupeADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Asian American Senior CitizensService Center declaring October 1, 2024 as International Day of Older People2.Proclamation presented by Mayor Pro Tem Phan to the Qing Wei Lion and DragonDance Cultural Troupe declaring September 17, 2024 as MidAutumn Festival Day/TetTrung Thu3.Proclamation presented by Councilmember Bacerra to the Planning and BuildingAgency declaring October 2024 as National Community Planning Month4.Certificate of Recognition presented by Councilmember Lopez to CRECE UrbanFarms for Outstanding Contributions to the CommunityCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25 and waive reading of all resolutionsand ordinances. 5.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.6.Appoint Adrian Ramirez Nominated by Councilmember Hernandez as the Ward 5Representative to the Youth Commission for a Partial Term Expiring December 10,2024Department(s): City Clerk’s OfficeRecommended Action: Appoint Adrian Ramirez to the Youth Commission as theWard 5 representative and administer the Oath of Office.7.Receive and File Quarterly Report of Investments as of June 30, 2024Department(s): Finance and Management ServicesRecommended Action: Receive and file.8.Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 202324 toFiscal Year 202425Department(s): Finance and Management ServicesRecommended Action:1. Approve an Appropriation Adjustment to reduce the FY 202324 budget for unspentamounts to be carried over to FY 202425. (Requires five affirmative votes)2. Approve an Appropriation Adjustment to increase the FY 202425 budget foramounts carried forward from FY 202324. (Requires five affirmative votes)9.Citywide Purchase Order with DS Services of America, Inc. dba Primo Water NorthAmerica for Bottle Water and Related Products (Specification No. 24093) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Award citywide purchase order to DS Services of America,Inc. dba Primo Water North America for bottled water and related products for a termbeginning on October 2, 2024 and expiring February 29, 2028, in an annual amount notto exceed $50,000.10.Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. forCitywide Translation and Interpretation Services (Specification No. 24022A) (GeneralFund and NonGeneral Fund)Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute aggregateagreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas andAssociates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. toprovide citywide translation and interpretation services for a term beginning October01, 2024 and expiring September 30, 2027, with provisions for two, oneyearextensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No.A2024XXX).Vendor LocationAccent on Languages, Inc.Berkeley, CACesar Vargas and Associates Orange, CAContinental Interpreting Services, Inc.Brea, CAInterpreters Unlimited, Inc.San Diego, CA11.Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization andJust Cause Eviction Program (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute Agreement withRSG, Inc. to provide contract staffing for the Rent Stabilization and Just CauseEviction Program for a twoyear term, with provisions for up to two, oneyearextensions, in a total amount not to exceed $800,000 (Agreement No. A2024XXX).12.Agreement with Evergreen Solutions, LLC for Classification and Compensation StudyServices (Specification No. 24081) (General Fund and NonGeneral Fund)Department(s): Human ResourcesRecommended Action: Authorize the City Manager to execute an agreement withEvergreen Solutions, LLC to provide classification and compensation study servicesfor a term of one year, which will expire September 30, 2025, in an amount not toexceed $128,500 (Agreement A2024XXX).13.Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC forEnterprise Land Management System Software and Implementation Services(Specification No. 24087A) (General Fund and NonGeneral Fund) (Revive SantaAna)Department(s): Information TechnologyRecommended Action: 1. Authorize the City Manager to execute an agreement withCarahsoft Technology Corp. for software subscription licensing, support, and trainingof Accela Civic Platform planning, permitting, and licensing system, in an aggregateamount not to exceed $1,800,000, for an initial oneyear term beginning October 1,2024, with provisions for four optional oneyear renewals. (Agreement No. A2024XXX).2. Authorize the City Manager to execute an agreement with IK Consulting, LLC forAccela Civic Applications implementation services, in an amount not to exceed$1,107,445, for a 27month term beginning October 1, 2024 and expiring December31, 2026. (Agreement No. A2024XXX).14.Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/MBusiness Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and OfficeFurniture and Installation Services for the Main Library Renovation Project (No. 24080A) (General Fund) (Revive Santa Ana)Department(s): LibraryRecommended Action: 1. Authorize the City Manager to execute an agreement withNew Tangram, LLC dba Tangram Interiors to provide and install publicfacing andoffice furniture at the Main Library, in an amount of $674,658 plus a 15% contingencyamount of $101,198, for a total amount not to exceed $775,856, for a term expiringDecember 31, 2026, with provision for one, oneyear renewal option (Agreement No.A2024XXX).2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/MBusiness Interiors to provide and install publicfacing furniture at the Main Library, inan amount of $307,999 plus a 15% contingency amount of $46,200, for a total nottoexceed amount of $354,199, for a term expiring December 31, 2026, with provisionfor one, oneyear renewal option (Agreement No. A2024XXX).3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dbaYamada Enterprises to provide and install libraryspecific furniture at the Main Library,in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total nottoexceed amount of $473,759, for a term expiring December 31, 2026, withprovision for one, oneyear renewal option (Agreement No. A2024XXX).15.Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding(NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Approve an appropriation adjustment recognizing$5,113,750 in the FY 2023 Urban Area Security Initiative, Federal GrantIndirectrevenue account and appropriate same to the UASI CalOES Santa Ana expendituresaccounts. (Requires five affirmative votes)16.Appropriation Adjustment and Agreement Accepting $755,000 from the State Officeof Traffic Safety for Selective Traffic Enforcement Program (NonGeneral Fund)Department(s): Police DepartmentRecommended Action: 1. Authorize the City Manager to execute an agreement withthe State of California Office of Traffic Safety for the Selective Traffic EnforcementProgram for a oneyear period beginning October 1, 2024 through September 30,2025, in an amount not to exceed $755,000 (Agreement No. A2024XXX).2. Approve an appropriation adjustment accepting $755,000 in the Office of TrafficSafety, Federal GrantIndirect revenue account and appropriate same to the SelectiveTraffic Enforcement Program expenditure accounts. (Requires five affirmative votes)17.Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fundand NonGeneral Fund)Department(s): Police DepartmentRecommended Action: Authorize the City Manager to execute an agreement withAxon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana PoliceDepartment for a five year period beginning December 15, 2024 to December 14,2029, in an amount not to exceed $1,963,569 (Agreement No. A2024XXX).18.Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle ConversionEquipment and Installation Services (Specification No. 24105) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withStommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment andinstallation services, for a threeyear period commencing October 1, 2024 andexpiring September 30, 2027, with a provision for one, twoyear renewal option, for atotal amount, including extension, not to exceed $2,000,000 (Agreement No. A2024XXX).19.Agreement with Cumming Management Group, Inc. for Climate Action Plan UpdateServices (General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withCumming Management Group, Inc. to prepare a new Climate Action Plan in the baseamount of $450,060, with a contingency of $45,006 for a total amount of $495,066, fora threeyear term beginning October 1, 2024 and expiring September 30, 2027, withan option for two, oneyear extensions (Agreement No. A2024XXX).20.Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance(NonGeneral and General Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withBlueViolet to maintain existing security, access control, and intercom systems for athreeyear period beginning October 1, 2024 through September 30, 2027, with one,twoyear renewal option, in an amount to exceed $208,195 (Agreement No. A2024XXX).21.Construction Contract with Diamond Construction & Design for the Santa AnaWellness Plaza Project (Project No. 221358) (NonGeneral Fund) (Revive SantaAna)Department(s): Public Works AgencyRecommended Action: 1. Approve the Project Cost Analysis for a total estimatedconstruction delivery cost of $883,660, which includes $746,929 for the constructioncontract; $69,039 for contract administration, inspection, and testing; and a $74,693project contingency for unanticipated or unforeseen work.2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $883,660 of funding in the American Rescue Plan Act funds for the SantaAna Wellness Plaza.3. Award a construction contract to Diamond Construction & Design, the lowestresponsible bidder, in accordance with the base bid in the amount of $746,929, forthe construction of the Santa Ana Wellness Plaza Project, for the term beginningOctober 1, 2024 and ending upon project completion, and authorize the City Managerto execute the contract.4. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202466 was filed for Project 221358.22.Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installationat Segerstrom Avenue and Spruce Street Project (Project No. 246045) (General andNonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$132,134 in the New Transportation System Improvements Area E, Prior Year CarryForward revenue account (No. 0341700250001) and appropriate the same amountinto the New Transportation System Improvements Area E, Improvements Other ThanBuildings expenditure account (No. 0341766066220). (Requires five affirmativevotes)2. Approve an amendment to the FY 202425 Capital Improvement Program toinclude $132,134 in construction funding from the Transportation System ImprovementArea E account for the Traffic Signal Installation at Segerstrom Avenue and SpruceStreet Project (No. 246045).3. Approve the Project Cost Analysis for a total estimated construction delivery cost of$803,348, which includes $642,628 for the construction contract; $96,395 for contractadministration, inspection, and testing; and a $64,325 project contingency forunanticipated or unforeseen work.4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsiblebidder, in accordance with the base bid and bid alternates in the amount of $642,628,subject to change orders, for construction of the Traffic Signal Installation atSegerstrom Avenue and Spruce Street Project (No. 246045), for a term beginningOctober 1, 2024 and ending upon project completion, and authorize the City Managerto execute the contract.5. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202464 was filled for Project No. 246045.23.Historic Property Preservation Agreements for the Properties Located at 2620 NFlower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy StreetDepartment(s): Planning and Building AgencyRecommended Action: Authorize the City Manager to execute the attached MillsAct agreements with the belowreferenced property owners for the identifiedstructure(s) (Agreement Nos. A2024XXX, A2024XXX, A2024XXX and A2024XXX). [Includes determination that the proposed projects are exempt from furtherreview in accordance with the California Environmental Quality Act as the followingCategorical Exemptions will be filed: ER No. 202416, ER No. 202418, ER No.202439, and ER No. 202440]Table 1: Mills Act Agreements Approved by the Historic Resources Commission(HRC)PropertyOwners Historic PropertyPreservationAgreement No.Address/House Vote by HRCThomas M.Harris 202402 2620 N FlowerStreet 8:0:0:1 (CommissionerEscamilla absent)Paul Gulino andJulie Bidmead 202405 2369 N FlowerStreet 9:0:0:0Kevin Kajikawaand JonathanMelendez 202406 424 SBroadway 8:0:0:1 (CommissionerEscamilla absent)David BushSmith 202408 825 N LacyStreet 9:0:0:024.Third Extension of Site Plan Review No. 202004 for the Central Pointe MixedUseProject to be Located at 1801 East Fourth StreetDepartment(s): Planning and Building AgencyRecommended Action: 1. Adopt a resolution approving a third and final oneyearextension of Site Plan Review No. 202004 to November 9, 2025.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING A ONEYEAR EXTENSION OF SITE PLANREVIEW NO. 202004 FOR THE CENTRAL POINTE MIXEDUSE DEVELOPMENTTO BE LOCATED AT 1801 EAST FOURTH STREET2. Determine that, pursuant to the California Environmental Quality Act (CEQA) andthe CEQA Guidelines, the extension for this project is exempt pursuant to Section15061(b)(3). This determination has been made as it has been determined that theproposed action to extend the existing, approved entitlement does not have thepotential to cause a significant effect on the environment, as the existing, approvedentitlement has already been evaluated pursuant to CEQA.25.Proposed Revisions to Youth Commission BylawsDepartment(s): Parks, Recreation, and Community ServicesRecommended Action: Adopt a resolution approving revised bylaws for the YouthCommission to reflect a new meeting date and time, update procedures, and makeclerical edits. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTHCOMMISSION**END OF CONSENT CALENDAR**PUBLIC HEARINGPUBLIC COMMENTS – Public Hearing testimony (public comments) was heard during theinitial consideration of this public hearing on September 17, 2024.26.Continued Public Hearing: Amendment Application (Zone Change) No. 202303,Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, andOverrule of the Orange County Airport Land Use Commission’s Determination ofInconsistency for the Related Bristol Specific Plan Entitlements and DevelopmentAgreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in theSurrounding AreaLegal notice published in the OC Register and OC Reporter on September 6, 2024and notices mailed on same date. Notice of Continuance posted on September 18,2024.Department(s): Planning and Building AgencyRecommended Action: 1. Adopt a resolution to (1) certify the Final SupplementalEnvironmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), includingadoption of environmental findings of fact pursuant to the California EnvironmentalQuality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt theMitigation Monitoring and Reporting Program;RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTALENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFICPLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTALFINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONCONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIAENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATIONMONITORING AND REPORTING PROGRAM2. Adopt a resolution overruling the Orange County Airport Land Use Commission’sdetermination that the Related Bristol Specific Plan is inconsistent with the AirportEnvirons Land Use Plan, including supportive findings;RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTYAIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSEDRELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORTENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDINGSUPPORTIVE FINDINGS3. Conduct a first reading and adopt an ordinance approving Amendment ApplicationNo. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve azone change for the Property located at 3600 Bristol Street from General Commercial(C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5);ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TOAPPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATEDAT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) ANDCOMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SPNO. 5)4. Conduct a first reading and adopt an ordinance approving DevelopmentAgreement No. 202302;ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 202302 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOLSPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OFSANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, ANDMCG BRISTOL WEST LLC5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (CountyMap No. 19272), as conditioned; andRESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO.202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSEDEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLANPROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOLSTREETConcurrently and as a separate implementation action of the General Plan Update(2022), it is recommended that the City Council take the following action:6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, andResolution No. 2000062 modifying procedures for participating in the South Coast,the Sandpointe, and the South Metro Permit Parking Districts.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTIONNO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKINGDISTRICT PETITIONS [includes determination that the action is not a “project” subjectto the California Environmental Quality Act and no environmental review is required]**END OF PUBLIC HEARING**CITY MANAGER COMMENTSCOUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting. Future Items 1. Labor Groups Side Letters for Vacation CashOuts 2. Prohousing Designation Program Application 3. Kraemer/Glassell/Grand Corridor Regional Traffic Signal Synchronization Project POSTING STATEMENT: On September 24, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 16 10/1/2024 Finance and Management Services www.santa-ana.org/finance Item # 7 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Quarterly Report of Investments as of June 30, 2024 AGENDA TITLE Receive and File Quarterly Report of Investments as of June 30, 2024 RECOMMENDED ACTION Receive and file. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION In accordance with the City’s Statement of Investment Policy, the Finance Management Services Agency (FMSA) shall render to the City Council and City Manager an Investment Report (Report) containing detailed information on all cash and security investments of the City. The City Manager and City Council receive the reports on a monthly basis, within 45 days following month-end, in compliance with Government Code section 53646. Quarterly reports appear on regular City Council public meeting agendas for formal approval. Each month, staff performs an expenditure analysis to assure the City can meet its budgeted expenditures for the following six months. As of June 30, 2024, this analysis affirms that the City has adequate cash reserves necessary to meet its obligations for the next six months. All the information provided is in compliance with state law and the City of Santa Ana July 1, 2023 – June 30, 2024 Statement of Investment Policy. The Investment Report (Exhibit 1) attached accurately represents all pooled investments held for the City as of June 30, 2024. The investment report includes the following updates: •New summary tables provided by the City’s Investment Advisor. •Detailed list of investment transactions. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 7 – 1 10/1/2024 Quarterly Report of Investments as of June 30,2024 October 1, 2024 Page 2 4 5 7 8 EXHIBIT(S) 1. Investment Report Submitted By: Kathryn Downs, Finance and Management Services Agency Executive Director Approved By: Alvaro Nuñez, City Manager City Council 7 – 2 10/1/2024 City of Santa Ana Monthly Investment Report June 30, 2024 Your Investment Representative: Jim McCourt (614) 923-1151 jmccourt@meederinvestment.com For questions about your account please contact your investment representative or contact publicfundsoperations@meederinvestment.com Dublin, Ohio | Lansing, Michigan | Long Beach, California | Austin, Texas | 866-633-3371 | www.meederpublicfunds.com EXHIBIT 1 City Council 7 – 3 10/1/2024 Your Portfolio Principal Cost LAIF/CLASS $112,808,140.90 Cash $31,148,817.72 BNY Held Securities and Cash $358,673,519.05 Total Operating Portfolio $502,630,477.67 Restricted Cash $72,591,946.99 Your Operating Portfolio Weighted Average Maturity 1.30 years Weighted Average Yield 2.02% Your Asset Allocation Your Maturity Distribution 143,956,959 115,791,182 148,457,550 92,463,500 0 1,961,287 28.64%23.04%29.53%18.40%0.00%0.39% - 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 140,000,000 160,000,000 Overnight Funds 0-1 year 1-2 years 2-3 years 3-4 years 4-5 years 66%1% 5% 22% 6%US Government Agencies Negotiable CDs US Treasuries LAIF/CLASS Cash Current Portfolio City of Santa Ana portfolio as of 6/30/2024 YIELD AND INTEREST INCOME INFORMATION IS ANNUALIZED. ALL YIELD INFORMATION IS SHOWN GROSS OF ANY ADVISORY AND CUSTODY FEES AND IS BASED ON YIELD TO MATURITY AT COST. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE RESULTS. City Council 7 – 4 10/1/2024 MONTHLY RECONCILIATION WITH BNY Beginning Book Value 376,628,050.30 Contributions Withdrawals (18,390,602.66) Realized Gains/Losses Gross Interest Earnings 436,071.41 Ending Book Value 358,673,519.05 PORTFOLIO CHARACTERISTICS Portfolio Yield to Maturity 1.36% Portfolio Effective Duration 1.32 yrs Weighted Average Maturity 1.42 yrs PROJECTED MONTHLY INCOME SCHEDULE SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 3 of 19 City of Santa Ana PORTFOLIO SUMMARY - PORTFOLIO HELD AT BNY As of June 30, 2024 City Council 7 – 5 10/1/2024 CUSIP SECURITY DESCRIPTION Jul 2024 Aug 2024 Sep 2024 Oct 2024 Nov 2024 Dec 2024 Jan 2025 Feb 2025 Mar 2025 Apr 2025 May 2025 Jun 2025 02568KAJ4 Luminate Bank 0.700% 05/27/2026 143 147 147 143 147 143 147 147 133 147 143 147 02589ABT8 American Express National Bank 2.000% 03/16/2027 2,500 2,460 05580AH64 BMW Bank of North America 0.950% 12/17/2024 1,181 06417NF73 Bank OZK 0.600% 05/12/2026 122 126 126 122 126 122 126 126 114 126 122 126 07371AH22 Beal Bank 2.250% 03/24/2027 2,813 2,767 07371CT25 Beal Bank USA 2.250% 03/24/2027 2,813 2,767 14042TEP8 Capital One Bank (Usa), National Association 2.000% 03/16/2027 2,500 2,460 15721UET2 CFBank, National Association 0.850% 07/10/2026 173 179 179 173 179 173 179 179 162 179 173 179 292079AR1 Empire State Bank 0.900% 07/13/2026 1,125 1,107 30781JAW0 Farmers & Merchants Bank of Colby 0.850% 11/19/2026 173 179 179 173 179 173 179 179 162 179 173 179 3130AFFX0 FHLB 3.250% 11/16/2028 16,250 16,250 3130AKN69 FHLB 0.500% 01/28/2026 15,000 15,000 3130AKPQ3 FHLB 0.580% 01/28/2026 11,600 11,600 3130AKU53 FHLB 0.520% 01/28/2026 13,000 13,000 3130ALA53 FHLB 0.600% 02/25/2026 15,000 15,000 3130ALB52 FHLB 0.375% 02/25/2025 1,563 1,563 1,563 1,563 1,563 1,563 1,563 1,563 3130ALBM5 FHLB 0.625% 02/24/2026 15,625 15,625 3130ALDZ4 FHLB 0.500% 03/10/2025 10,000 10,000 3130ALKN3 FHLB 0.500% 09/24/2024 10,000 3130ALLP7 FHLB 0.650% 03/17/2025 19,500 22,500 3130ALW67 FHLB 1.100% 04/22/2026 27,500 27,500 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 4 of 19 City of Santa Ana PROJECTED INCOME SCHEDULE - PORTFOLIO HELD AT BNY As of June 30, 2024 City Council 7 – 6 10/1/2024 CUSIP SECURITY DESCRIPTION Jul 2024 Aug 2024 Sep 2024 Oct 2024 Nov 2024 Dec 2024 Jan 2025 Feb 2025 Mar 2025 Apr 2025 May 2025 Jun 2025 3130AMYC0 FHLB 1.000% 03/30/2026 30,000 30,000 3130AMYU0 FHLB 1.050% 06/30/2026 31,500 31,500 3130ANE30 FHLB 1.250% 07/29/2026 15,625 15,625 15,625 15,625 3130ANFG0 FHLB 0.875% 05/18/2026 21,875 21,875 3130ANFU9 FHLB 0.850% 07/29/2026 21,250 21,250 3130ANHV5 Federal Home Loan Bank of New York 0.550% 12/19/2024 13,750 9,167 3130ANPE4 FHLB 0.700% 08/26/2025 21,000 21,000 3130ANQ78 FHLB 0.900% 08/27/2026 27,000 27,000 3130ANX62 FHLB 0.650% 06/30/2025 16,250 16,250 3130AP3A1 FHLB 0.850% 06/29/2026 21,250 21,250 3130AP3E3 FHLB 0.820% 09/30/2026 20,500 20,500 3130APB46 FHLB 0.950% 10/13/2026 47,500 47,500 3130APB79 FHLB 1.000% 09/30/2026 25,000 25,000 3130APQB4 FHLB 1.500% 11/23/2026 37,500 37,500 3130APVC6 FHLB 1.375% 12/01/2026 34,375 34,375 3130AQAB9 FHLB 1.625% 12/30/2026 30,469 30,469 3130AQKM4 FHLB 1.750% 01/28/2027 13,125 13,125 3130AQLQ4 FHLB 1.650% 01/27/2027 41,250 41,250 3130AQNR0 FHLB 1.750% 01/27/2027 26,250 26,250 3130AQSA2 FHLB 1.830% 02/10/2027 45,750 45,750 3130AQW33 FHLB 2.020% 02/24/2027 50,500 50,500 3130AQYA5 FHLB 2.250% 02/24/2027 16,875 16,875 3130ARA35 FHLB 2.000% 03/24/2025 30,000 30,000 3130ARC82 FHLB 2.100% 03/29/2027 31,500 31,500 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 5 of 19 City of Santa Ana PROJECTED INCOME SCHEDULE - PORTFOLIO HELD AT BNY As of June 30, 2024 City Council 7 – 7 10/1/2024 CUSIP SECURITY DESCRIPTION Jul 2024 Aug 2024 Sep 2024 Oct 2024 Nov 2024 Dec 2024 Jan 2025 Feb 2025 Mar 2025 Apr 2025 May 2025 Jun 2025 3130ARR60 FHLB 3.100% 04/29/2025 31,000 31,000 3130AVB84 FHLB 5.250% 09/13/2024 113,600 3130AYPS9 FHLB 4.800% 01/30/2026 96,000 96,000 3133ELX33 FFCB 0.690% 07/22/2025 20,700 20,700 3133EM2C5 FFCB 0.710% 08/10/2026 21,300 21,300 3133EMBH4 FFCB 0.530% 09/29/2025 13,250 13,250 3133EMFR8 FFCB 0.540% 11/03/2025 13,500 13,500 3133EMSU7 FFCB 0.800% 03/09/2026 16,000 16,000 3133EMUP5 FFCB 0.710% 04/01/2025 21,300 21,300 3133EMWH1 FFCB 0.710% 04/21/2025 17,750 17,750 3133ENPB0 FFCB 2.180% 02/16/2027 38,150 38,150 3133ENUH1 FFCB 3.330% 04/12/2027 33,300 33,300 3133ENVV9 FFCB 3.630% 05/03/2027 54,450 54,450 3133EPW68 FFCB 4.125% 01/22/26 20,625 20,625 3133EPW84 FFCB 3.875% 01/18/29 19,375 19,375 3134GV5R5 FMCC 0.570% 07/15/2024 17,100 3134GVQX9 FMCC 0.700% 05/05/2025 17,500 22,500 3134GVR26 FMCC 0.700% 06/25/2025 21,000 21,000 3134GVT99 FMCC 0.650% 06/30/2025 19,500 19,500 3134GVVX3 FMCC 0.750% 05/28/2025 18,750 3134GW4Z6 FMCC 0.540% 10/27/2025 16,200 16,200 3134GWUE4 FMCC 0.500% 09/30/2025 12,500 12,500 3134GXJL9 FMCC 0.500% 12/30/2025 15,000 15,000 3134GYZ21 FMCC 5.000% 08/01/2025 100,000 100,000 3135G06J7 FNMA 0.650% 12/10/2025 19,500 19,500 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 6 of 19 City of Santa Ana PROJECTED INCOME SCHEDULE - PORTFOLIO HELD AT BNY As of June 30, 2024 City Council 7 – 8 10/1/2024 CUSIP SECURITY DESCRIPTION Jul 2024 Aug 2024 Sep 2024 Oct 2024 Nov 2024 Dec 2024 Jan 2025 Feb 2025 Mar 2025 Apr 2025 May 2025 Jun 2025 3135G0W66 FNMA 1.625% 10/15/2024 46,625 3135G0X24 FNMA 1.625% 01/07/2025 40,625 49,875 3135GA4V0 FNMA 0.625% 11/25/2025 15,625 15,625 3135GAAN1 FNMA 0.600% 12/17/2025 18,000 18,000 3136G45Q2 FNMA 0.530% 10/28/2025 15,900 15,900 3136G4C43 FNMA 0.650% 08/14/2025 19,500 19,500 3136G4D42 FNMA 0.510% 07/28/2025 20,400 20,400 3136G4G98 FNMA 0.560% 08/12/2025 16,800 16,800 3136G4WV1 FNMA 0.750% 06/16/2025 18,750 18,750 32022EAU0 First Fed Bank 0.850% 08/29/2025 173 179 179 173 179 173 179 173 167 179 173 179 320337EZ7 First General Bank 0.500% 02/05/2025 102 105 105 102 105 102 105 105 38149MR47 Goldman Sachs Bank USA Holdings LLC 1.000% 12/22/2025 1,243 1,237 39573LCC0 Greenstate Credit Union 0.900% 11/24/2025 186 186 186 186 186 186 186 186 186 186 186 186 45776NEN2 Insbank 0.900% 06/19/2026 183 190 190 183 190 183 190 190 171 190 183 190 549104ZS9 Luana Savings Bank 0.600% 11/05/2026 750 738 58404DMQ1 Medallion Bank 1.250% 12/21/2026 255 263 263 255 263 255 263 263 238 263 255 263 59013KPN0 Merrick Bank Corporation 1.100% 11/09/2026 224 232 232 224 232 224 232 232 209 232 224 232 61768U3U9 Morgan Stanley Private Bank, National Association 2.250% 03/30/2027 2,813 2,767 61773TCX9 Morgan Stanley Bank, National Association 2.250% 03/30/2027 2,813 2,767 70962LAV4 Pentagon Federal Credit Union 1.000% 11/10/2026 204 211 211 204 211 204 211 211 190 211 204 211 73319FBJ7 Poppy Business Merchant 0.800% 11/17/2026 163 169 169 163 169 163 169 169 152 169 163 169 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 7 of 19 City of Santa Ana PROJECTED INCOME SCHEDULE - PORTFOLIO HELD AT BNY As of June 30, 2024 City Council 7 – 9 10/1/2024 CUSIP SECURITY DESCRIPTION Jul 2024 Aug 2024 Sep 2024 Oct 2024 Nov 2024 Dec 2024 Jan 2025 Feb 2025 Mar 2025 Apr 2025 May 2025 Jun 2025 795451BA0 Sallie Mae Bank 1.000% 12/16/2024 1,250 856285YQ8 State Bank of India 1.150% 11/30/2026 1,426 1,426 87165FD76 Synchrony Bank 1.100% 11/05/2026 1,375 1,353 88413QDE5 Third Federal Savings and Loan Association of Cleveland 0.800% 05/23/2025 1,000 978 89235MMB4 Toyota Financial Savings Bank 1.100% 11/12/2026 1,375 1,353 912797GL5 UST 09/05/2024 224,280 912797GW1 UST 10/03/2024 228,907 TOTAL 395,590 426,853 597,361 505,271 184,355 240,850 387,803 413,098 250,372 228,136 168,780 227,641 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 8 of 19 City of Santa Ana PROJECTED INCOME SCHEDULE - PORTFOLIO HELD AT BNY As of June 30, 2024 City Council 7 – 10 10/1/2024 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating Cash and Cash Equivalents CASH Custodial Cash 6/28/2024 6/28/2024 $45,468.75 $45,468.75 $45,468.75 0.00%0.003 0.003 $1.00 $45,468.75 $0.00 0.01% 00391CASH Local Agency Investment Fund- LAIFCITY 6/28/2024 6/28/2024 $64,329,362.29 $64,329,362.29 $64,329,362.29 4.53%0.003 0.003 $1.00 $64,329,362.29 $0.00 13.26% 00392CASH California CLASS 6/28/2024 6/28/2024 $2,053,642.37 $2,053,642.37 $2,053,642.37 5.41%0.003 0.003 $1.00 $2,053,642.37 $0.00 0.42% 00393CASH Local Agency Investment Fund- LAIF ARPA 6/28/2024 6/28/2024 $46,425,136.24 $46,425,136.24 $46,425,136.24 4.53%0.003 0.003 $1.00 $46,425,136.24 $0.00 9.57% 00394CASH City of Santa Ana- Petty Cash 6/28/2024 6/28/2024 $79,625.00 $79,625.00 $79,625.00 0.00%0.003 0.003 $1.00 $79,625.00 $0.00 0.02% 00395CASH JPMorgan Chase- HOUSING 13943 6/28/2024 6/28/2024 $5,054,776.80 $5,054,776.80 $5,054,776.80 0.00%0.003 0.003 $1.00 $5,054,776.80 $0.00 1.04% 00396CASH JPMorgan Chase- WORKERS COMP 37983 6/28/2024 6/28/2024 $1,309,767.98 $1,309,767.98 $1,309,767.98 0.00%0.003 0.003 $1.00 $1,309,767.98 $0.00 0.27% 00397CASH JPMorgan Chase- GENERAL LIABILITY 38130 6/28/2024 6/28/2024 $1,696,677.04 $1,696,677.04 $1,696,677.04 0.00%0.003 0.003 $1.00 $1,696,677.04 $0.00 0.35% 00400CASH JPMorgan Chase- HEALTHCARE SPEND 112 6/28/2024 6/28/2024 $305,576.70 $305,576.70 $305,576.70 0.00%0.003 0.003 $1.00 $305,576.70 $0.00 0.06% 00401CASH JPMorgan Chase- COMMISSARY 7962 6/28/2024 6/28/2024 $293,600.26 $293,600.26 $293,600.26 0.00%0.003 0.003 $1.00 $293,600.26 $0.00 0.06% 00402CASH JPMorgan Chase- GENERAL 9500 6/28/2024 6/28/2024 $21,318,912.57 $21,318,912.57 $21,318,912.57 0.00%0.003 0.003 $1.00 $21,318,912.57 $0.00 4.40% 00403CASH Santa Ana Federal Credit Union-FSS 6/28/2024 6/28/2024 $1,089,881.37 $1,089,881.37 $1,089,881.37 0.00%0.003 0.003 $1.00 $1,089,881.37 $0.00 0.22% SubTotal $144,002,427.37 $144,002,427.37 $144,002,427.37 3.56%$144,002,427.37 $0.00 29.69% Agency Bond 3134GV5R5 FMCC 0.570% 07/15/2024 7/15/2020 7/15/2020 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.57%0.047 0.043 $99.80 $5,987,700.00 ($12,300.00)1.23%Aaa AA+ 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 9 of 19 City of Santa Ana POSITION STATEMENT As of June 30, 2024 City Council 7 – 11 10/1/2024 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating 3130AVB84 FHLB 5.250% 09/13/2024 7/28/2023 7/28/2023 $4,000,000.00 $3,991,400.00 $3,991,400.00 5.44%0.211 0.208 $99.92 $3,996,960.00 $5,560.00 0.82%Aaa AA+ 3130ALKN3 FHLB 0.500% 09/24/2024 3/24/2021 3/24/2021 $4,000,000.00 $4,000,000.00 $4,000,000.00 0.50%0.241 0.233 $98.84 $3,953,600.00 ($46,400.00)0.82%Aaa AA+ 3135G0W66 FNMA 1.625% 10/15/2024 1/15/2020 1/15/2020 $5,000,000.00 $4,994,000.00 $4,994,000.00 1.65%0.299 0.293 $98.88 $4,944,000.00 ($50,000.00)1.02%Aaa AA+ 3135G0X24 FNMA 1.625% 01/07/2025 1/15/2020 1/15/2020 $5,000,000.00 $4,990,750.00 $4,990,750.00 1.66%0.529 0.513 $98.08 $4,903,900.00 ($86,850.00)1.01%Aaa AA+ 3130ALB52 FHLB 0.375% 02/25/2025 2/25/2021 2/25/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.38%0.663 0.642 $96.78 $4,838,900.00 ($161,100.00)1.00%Aaa AA+ 3130ALDZ4 FHLB 0.500% 03/10/2025 3/10/2021 3/10/2021 $4,000,000.00 $4,000,000.00 $4,000,000.00 0.50%0.699 0.681 $96.77 $3,870,720.00 ($129,280.00)0.80%Aaa AA+ 3130ALLP7 FHLB 0.650% 03/17/2025 3/29/2021 3/29/2021 $6,000,000.00 $5,997,000.00 $5,997,000.00 0.67%0.718 0.700 $96.83 $5,809,680.00 ($187,320.00)1.20%Aaa AA+ 3130ARA35 FHLB 2.000% 03/24/2025 3/24/2022 3/24/2022 $3,000,000.00 $3,000,000.00 $3,000,000.00 2.00%0.737 0.712 $97.67 $2,930,130.00 ($69,870.00)0.60%Aaa AA+ 3133EMUP5 FFCB 0.710% 04/01/2025 4/1/2021 4/1/2021 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.71%0.759 0.739 $96.56 $5,793,480.00 ($206,520.00)1.19%Aaa AA+ 3133EMWH1 FFCB 0.710% 04/21/2025 4/21/2021 4/21/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.71%0.814 0.792 $96.31 $4,815,550.00 ($184,450.00)0.99%Aaa AA+ 3130ARR60 FHLB 3.100% 04/29/2025 4/29/2022 4/29/2022 $2,000,000.00 $2,000,000.00 $2,000,000.00 3.10%0.836 0.806 $98.23 $1,964,560.00 ($35,440.00)0.41%Aaa AA+ 3134GVQX9 FMCC 0.700% 05/05/2025 5/5/2020 5/5/2020 $5,000,000.00 $4,995,000.00 $4,995,000.00 0.72%0.852 0.825 $96.10 $4,805,050.00 ($189,950.00)0.99%Aaa AA+ 3134GVVX3 FMCC 0.750% 05/28/2025 5/28/2020 5/28/2020 $5,000,000.00 $4,998,750.00 $4,998,750.00 0.76%0.915 0.891 $95.89 $4,794,550.00 ($204,200.00)0.99%Aaa AA+ 3136G4WV1 FNMA 0.750% 06/16/2025 6/16/2020 6/16/2020 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.75%0.967 0.942 $95.72 $4,786,200.00 ($213,800.00)0.99%Aaa AA+ 3134GVR26 FMCC 0.700% 06/25/2025 6/25/2020 6/25/2020 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.70%0.992 0.966 $95.52 $5,730,960.00 ($269,040.00)1.18%Aaa AA+ 3130ANX62 FHLB 0.650% 06/30/2025 9/30/2021 9/30/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.65%1.005 0.973 $95.59 $4,779,550.00 ($220,450.00)0.99%Aaa AA+ 3134GVT99 FMCC 0.650% 06/30/2025 6/30/2020 6/30/2020 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.65%1.005 0.972 $95.70 $5,742,060.00 ($257,940.00)1.18%Aaa AA+ 3133ELX33 FFCB 0.690% 07/22/2025 7/22/2020 7/22/2020 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.69%1.066 1.034 $95.18 $5,710,500.00 ($289,500.00)1.18%Aaa AA+ 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 10 of 19 City of Santa Ana POSITION STATEMENT As of June 30, 2024 City Council 7 – 12 10/1/2024 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating 3136G4D42 FNMA 0.510% 07/28/2025 7/28/2020 7/28/2020 $8,000,000.00 $8,000,000.00 $8,000,000.00 0.51%1.082 1.048 $95.29 $7,622,960.00 ($377,040.00)1.57%Aaa AA+ 3134GYZ21 FMCC 5.000% 08/01/2025 8/2/2023 8/2/2023 $4,000,000.00 $3,978,000.00 $3,978,000.00 5.58%1.093 0.816 $99.82 $3,992,760.00 $14,760.00 0.82%Aaa AA+ 3136G4G98 FNMA 0.560% 08/12/2025 8/12/2020 8/12/2020 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.56%1.123 1.087 $95.18 $5,710,620.00 ($289,380.00)1.18%Aaa AA+ 3136G4C43 FNMA 0.650% 08/14/2025 8/14/2020 8/14/2020 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.65%1.129 1.092 $95.25 $5,715,060.00 ($284,940.00)1.18%Aaa AA+ 3130ANPE4 FHLB 0.700% 08/26/2025 8/26/2021 8/26/2021 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.70%1.162 1.124 $95.16 $5,709,600.00 ($290,400.00)1.18%Aaa AA+ 3133EMBH4 FFCB 0.530% 09/29/2025 9/29/2020 9/29/2020 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.53%1.255 1.221 $94.52 $4,726,200.00 ($273,800.00)0.97%Aaa AA+ 3134GWUE4 FMCC 0.500% 09/30/2025 9/30/2020 9/30/2020 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.50%1.258 1.225 $94.58 $4,729,150.00 ($270,850.00)0.98%Aaa AA+ 3134GW4Z6 FMCC 0.540% 10/27/2025 10/27/2020 10/27/2020 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.54%1.332 1.290 $94.31 $5,658,720.00 ($341,280.00)1.17%Aaa AA+ 3136G45Q2 FNMA 0.530% 10/28/2025 10/28/2020 10/28/2020 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.53%1.334 1.293 $94.29 $5,657,280.00 ($342,720.00)1.17%Aaa AA+ 3133EMFR8 FFCB 0.540% 11/03/2025 11/3/2020 11/3/2020 $5,000,000.00 $4,997,500.00 $4,997,500.00 0.55%1.351 1.314 $94.18 $4,708,950.00 ($288,550.00)0.97%Aaa AA+ 3135GA4V0 FNMA 0.625% 11/25/2025 11/25/2020 11/25/2020 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.63%1.411 1.373 $94.11 $4,705,400.00 ($294,600.00)0.97%Aaa AA+ 3135G06J7 FNMA 0.650% 12/10/2025 12/10/2020 12/10/2020 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.65%1.452 1.413 $93.97 $5,638,440.00 ($361,560.00)1.16%Aaa AA+ 3135GAAN1 FNMA 0.600% 12/17/2025 12/17/2020 12/17/2020 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.60%1.471 1.426 $93.80 $5,628,240.00 ($371,760.00)1.16%Aaa AA+ 3134GXJL9 FMCC 0.500% 12/30/2025 12/30/2020 12/30/2020 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.50%1.507 1.458 $93.52 $5,610,960.00 ($389,040.00)1.16%Aaa AA+ 3133EPW68 FFCB 4.125% 01/22/26 1/29/2024 1/29/2024 $1,000,000.00 $995,300.00 $995,300.00 4.38%1.570 1.474 $98.85 $988,460.00 ($6,840.00)0.20%Aaa AA+ 3130AKPQ3 FHLB 0.580% 01/28/2026 1/28/2021 1/28/2021 $4,000,000.00 $4,000,000.00 $4,000,000.00 0.58%1.586 1.539 $93.31 $3,732,200.00 ($267,800.00)0.77%Aaa AA+ 3130AKU53 FHLB 0.520% 01/28/2026 1/28/2021 1/28/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.52%1.586 1.540 $93.22 $4,660,750.00 ($339,250.00)0.96%Aaa AA+ 3130AKN69 FHLB 0.500% 01/28/2026 1/28/2021 1/28/2021 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.50%1.586 1.539 $93.01 $5,580,780.00 ($419,220.00)1.15%Aaa AA+ 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 11 of 19 City of Santa Ana POSITION STATEMENT As of June 30, 2024 City Council 7 – 13 10/1/2024 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating 3130AYPS9 FHLB 4.800% 01/30/2026 1/30/2024 1/30/2024 $4,000,000.00 $4,000,000.00 $4,000,000.00 4.80%1.592 1.156 $99.42 $3,976,800.00 ($23,200.00)0.82%Aaa AA+ 3130ALBM5 FHLB 0.625% 02/24/2026 2/24/2021 2/24/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.63%1.660 1.605 $93.07 $4,653,250.00 ($346,750.00)0.96%Aaa AA+ 3130ALA53 FHLB 0.600% 02/25/2026 2/25/2021 2/25/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.60%1.663 1.608 $93.02 $4,651,100.00 ($348,900.00)0.96%Aaa AA+ 3133EMSU7 FFCB 0.800% 03/09/2026 3/9/2021 3/9/2021 $4,000,000.00 $4,000,000.00 $4,000,000.00 0.80%1.696 1.642 $93.52 $3,740,720.00 ($259,280.00)0.77%Aaa AA+ 3130AMYC0 FHLB 1.000% 03/30/2026 6/30/2021 6/30/2021 $6,000,000.00 $6,000,000.00 $6,000,000.00 1.00%1.753 1.691 $93.49 $5,609,340.00 ($390,660.00)1.16%Aaa AA+ 3130ALW67 FHLB 1.100% 04/22/2026 4/22/2021 4/22/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.10%1.816 1.751 $93.44 $4,671,950.00 ($328,050.00)0.96%Aaa AA+ 3130ANFG0 FHLB 0.875% 05/18/2026 8/18/2021 8/18/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.88%1.888 1.824 $92.90 $4,644,950.00 ($355,050.00)0.96%Aaa AA+ 3130AP3A1 FHLB 0.850% 06/29/2026 9/29/2021 9/29/2021 $5,000,000.00 $4,998,750.00 $4,998,750.00 0.86%2.003 1.937 $92.44 $4,622,050.00 ($376,700.00)0.95%Aaa AA+ 3130AMYU0 FHLB 1.050% 06/30/2026 6/30/2021 6/30/2021 $6,000,000.00 $6,000,000.00 $6,000,000.00 1.05%2.005 1.925 $92.81 $5,568,480.00 ($431,520.00)1.15%Aaa AA+ 3130ANFU9 FHLB 0.850% 07/29/2026 7/29/2021 7/29/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.85%2.085 2.006 $92.19 $4,609,600.00 ($390,400.00)0.95%Aaa AA+ 3130ANE30 FHLB 1.250% 07/29/2026 7/29/2021 7/29/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.88%2.085 2.006 $92.91 $4,645,300.00 ($354,700.00)0.96%Aaa AA+ 3133EM2C5 FFCB 0.710% 08/10/2026 8/10/2021 8/10/2021 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.71%2.118 2.042 $91.83 $5,509,620.00 ($490,380.00)1.14%Aaa AA+ 3130ANQ78 FHLB 0.900% 08/27/2026 8/27/2021 8/27/2021 $6,000,000.00 $6,000,000.00 $6,000,000.00 0.90%2.164 2.083 $92.01 $5,520,600.00 ($479,400.00)1.14%Aaa AA+ 3130AP3E3 FHLB 0.820% 09/30/2026 9/30/2021 9/30/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.82%2.258 2.183 $91.55 $4,577,300.00 ($422,700.00)0.94%Aaa AA+ 3130APB79 FHLB 1.000% 09/30/2026 9/30/2021 9/30/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.00%2.258 2.176 $91.89 $4,594,600.00 ($405,400.00)0.95%Aaa AA+ 3130APB46 FHLB 0.950% 10/13/2026 10/13/2021 10/13/2021 $10,000,000.00 $10,000,000.00 $10,000,000.00 0.95%2.293 2.207 $91.65 $9,164,600.00 ($835,400.00)1.89%Aaa AA+ 3130APQB4 FHLB 1.500% 11/23/2026 11/23/2021 11/23/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.50%2.405 0.356 $92.57 $4,628,500.00 ($371,500.00)0.95%Aaa AA+ 3130APVC6 FHLB 1.375% 12/01/2026 12/14/2021 12/14/2021 $5,000,000.00 $4,997,500.00 $4,997,500.00 1.40%2.427 2.325 $92.25 $4,612,600.00 ($384,900.00)0.95%Aaa AA+ 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 12 of 19 City of Santa Ana POSITION STATEMENT As of June 30, 2024 City Council 7 – 14 10/1/2024 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating 3130AQAB9 FHLB 1.625% 12/30/2026 12/30/2021 12/30/2021 $3,750,000.00 $3,750,000.00 $3,750,000.00 1.63%2.507 2.369 $92.61 $3,472,837.50 ($277,162.50)0.72%Aaa AA+ 3130AQLQ4 FHLB 1.650% 01/27/2027 1/27/2022 1/27/2022 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.65%2.584 2.444 $92.75 $4,637,650.00 ($362,350.00)0.96%Aaa AA+ 3130AQNR0 FHLB 1.750% 01/27/2027 1/27/2022 1/27/2022 $3,000,000.00 $3,000,000.00 $3,000,000.00 1.75%2.584 2.438 $92.99 $2,789,820.00 ($210,180.00)0.58%Aaa AA+ 3130AQKM4 FHLB 1.750% 01/28/2027 1/28/2022 1/28/2022 $1,500,000.00 $1,500,000.00 $1,500,000.00 1.75%2.586 0.371 $92.99 $1,394,790.00 ($105,210.00)0.29%Aaa AA+ 3130AQSA2 FHLB 1.830% 02/10/2027 2/10/2022 2/10/2022 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.83%2.622 2.471 $93.09 $4,654,700.00 ($345,300.00)0.96%Aaa AA+ 3133ENPB0 FFCB 2.180% 02/16/2027 2/16/2022 2/16/2022 $3,500,000.00 $3,500,000.00 $3,500,000.00 2.18%2.638 2.445 $93.44 $3,270,225.00 ($229,775.00)0.67%Aaa AA+ 3130AQW33 FHLB 2.020% 02/24/2027 2/24/2022 2/24/2022 $5,000,000.00 $5,000,000.00 $5,000,000.00 2.02%2.660 2.500 $93.35 $4,667,250.00 ($332,750.00)0.96%Aaa AA+ 3130AQYA5 FHLB 2.250% 02/24/2027 2/28/2022 2/28/2022 $1,500,000.00 $1,500,000.00 $1,500,000.00 2.25%2.660 2.448 $93.92 $1,408,845.00 ($91,155.00)0.29%Aaa AA+ 3130ARC82 FHLB 2.100% 03/29/2027 3/29/2022 3/29/2022 $3,000,000.00 $3,000,000.00 $3,000,000.00 2.10%2.751 2.603 $93.66 $2,809,920.00 ($190,080.00)0.58%Aaa AA+ 3133ENUH1 FFCB 3.330% 04/12/2027 4/12/2022 4/12/2022 $2,000,000.00 $2,000,000.00 $2,000,000.00 3.33%2.789 2.259 $96.37 $1,927,380.00 ($72,620.00)0.40%Aaa AA+ 3133ENVV9 FFCB 3.630% 05/03/2027 5/3/2022 5/3/2022 $3,000,000.00 $3,000,000.00 $3,000,000.00 3.63%2.847 2.392 $96.75 $2,902,470.00 ($97,530.00)0.60%Aaa AA+ 3130AFFX0 FHLB 3.250% 11/16/2028 1/26/2024 1/26/2024 $1,000,000.00 $969,118.00 $969,118.00 3.96%4.389 3.998 $95.47 $954,720.00 ($14,398.00)0.20%Aaa AA+ 3133EPW84 FFCB 3.875% 01/18/29 1/26/2024 1/26/2024 $1,000,000.00 $992,169.00 $992,169.00 4.05%4.562 4.055 $98.08 $980,830.00 ($11,339.00)0.20%Aaa AA+ SubTotal $324,250,000.00 $324,145,237.00 $324,145,237.00 1.14%$306,807,377.50 ($17,337,859.50)63.26% Negotiable Certificate of Deposit 795451BA0 Sallie Mae Bank 1.000% 12/16/2024 12/15/2021 12/15/2021 $248,000.00 $248,000.00 $248,000.00 1.00%0.468 0.455 $97.93 $242,865.60 ($5,134.40)0.05% 05580AH64 BMW Bank of North America 0.950% 12/17/2024 12/17/2021 12/17/2021 $248,000.00 $248,000.00 $248,000.00 0.94%0.471 0.457 $97.89 $242,778.87 ($5,221.13)0.05% 320337EZ7 First General Bank 0.500% 02/05/2025 11/5/2021 11/5/2021 $248,000.00 $248,000.00 $248,000.00 0.49%0.608 0.589 $97.00 $240,552.90 ($7,447.10)0.05% 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 13 of 19 City of Santa Ana POSITION STATEMENT As of June 30, 2024 City Council 7 – 15 10/1/2024 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating 88413QDE5 Third Federal Savings and Loan Association of Cleveland 0.800% 05/23/2025 11/24/2021 11/24/2021 $248,000.00 $248,000.00 $248,000.00 0.79%0.901 0.874 $95.75 $237,449.81 ($10,550.19)0.05% 32022EAU0 First Fed Bank 0.850% 08/29/2025 12/29/2021 12/29/2021 $248,000.00 $248,000.00 $248,000.00 0.84%1.170 1.132 $94.95 $235,485.19 ($12,514.81)0.05% 39573LCC0 Greenstate Credit Union 0.900% 11/24/2025 11/23/2021 11/23/2021 $248,000.00 $248,000.00 $248,000.00 0.89%1.408 1.361 $94.11 $233,395.60 ($14,604.40)0.05% 38149MR47 Goldman Sachs Bank USA Holdings LLC 1.000% 12/22/2025 12/22/2021 12/22/2021 $248,000.00 $248,000.00 $248,000.00 0.99%1.485 1.439 $94.07 $233,298.36 ($14,701.64)0.05% 06417NF73 Bank OZK 0.600% 05/12/2026 11/12/2021 11/12/2021 $248,000.00 $248,000.00 $248,000.00 0.60%1.871 1.811 $92.00 $228,164.75 ($19,835.25)0.05% 02568KAJ4 Luminate Bank 0.700% 05/27/2026 11/26/2021 11/26/2021 $248,000.00 $248,000.00 $248,000.00 0.69%1.912 1.849 $92.34 $228,993.92 ($19,006.08)0.05% 45776NEN2 Insbank 0.900% 06/19/2026 12/20/2021 12/20/2021 $248,000.00 $248,000.00 $248,000.00 0.89%1.975 1.906 $92.22 $228,712.02 ($19,287.98)0.05% 15721UET2 CFBank, National Association 0.850% 07/10/2026 11/10/2021 11/10/2021 $248,000.00 $248,000.00 $248,000.00 0.84%2.033 1.962 $92.22 $228,713.19 ($19,286.81)0.05% 292079AR1 Empire State Bank 0.900% 07/13/2026 11/12/2021 11/12/2021 $248,000.00 $248,000.00 $248,000.00 0.89%2.041 1.972 $92.44 $229,255.79 ($18,744.21)0.05% 549104ZS9 Luana Savings Bank 0.600% 11/05/2026 11/5/2021 11/5/2021 $248,000.00 $248,000.00 $248,000.00 0.59%2.356 2.280 $90.37 $224,125.94 ($23,874.06)0.05% 87165FD76 Synchrony Bank 1.100% 11/05/2026 11/5/2021 11/5/2021 $248,000.00 $248,000.00 $248,000.00 1.09%2.356 2.268 $91.34 $226,525.80 ($21,474.20)0.05% 59013KPN0 Merrick Bank Corporation 1.100% 11/09/2026 11/9/2021 11/9/2021 $248,000.00 $248,000.00 $248,000.00 1.09%2.367 2.274 $91.33 $226,494.03 ($21,505.97)0.05% 70962LAV4 Pentagon Federal Credit Union 1.000% 11/10/2026 11/10/2021 11/10/2021 $248,000.00 $248,000.00 $248,000.00 0.99%2.370 2.279 $91.09 $225,914.31 ($22,085.69)0.05% 89235MMB4 Toyota Financial Savings Bank 1.100% 11/12/2026 11/12/2021 11/12/2021 $248,000.00 $248,000.00 $248,000.00 1.09%2.375 2.286 $91.59 $227,152.91 ($20,847.09)0.05% 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 14 of 19 City of Santa Ana POSITION STATEMENT As of June 30, 2024 City Council 7 – 16 10/1/2024 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating 73319FBJ7 Poppy Business Merchant 0.800% 11/17/2026 11/17/2021 11/17/2021 $248,000.00 $248,000.00 $248,000.00 0.79%2.389 2.304 $90.58 $224,631.59 ($23,368.41)0.05% 30781JAW0 Farmers & Merchants Bank of Colby 0.850% 11/19/2026 11/19/2021 11/19/2021 $248,000.00 $248,000.00 $248,000.00 0.84%2.395 2.308 $90.67 $224,865.34 ($23,134.66)0.05% 856285YQ8 State Bank of India 1.150% 11/30/2026 11/29/2021 11/29/2021 $248,000.00 $248,000.00 $248,000.00 1.13%2.425 2.334 $91.55 $227,048.28 ($20,951.72)0.05% 58404DMQ1 Medallion Bank 1.250% 12/21/2026 12/20/2021 12/20/2021 $248,000.00 $248,000.00 $248,000.00 1.23%2.482 2.380 $91.32 $226,466.02 ($21,533.98)0.05% 02589ABT8 American Express National Bank 2.000% 03/16/2027 3/16/2022 3/16/2022 $248,000.00 $248,000.00 $248,000.00 1.97%2.715 2.572 $92.47 $229,327.06 ($18,672.94)0.05% 14042TEP8 Capital One Bank (Usa), National Association 2.000% 03/16/2027 3/16/2022 3/16/2022 $248,000.00 $248,000.00 $248,000.00 1.97%2.715 2.572 $92.72 $229,943.48 ($18,056.52)0.05% 07371AH22 Beal Bank 2.250% 03/24/2027 3/30/2022 3/30/2022 $248,000.00 $248,000.00 $248,000.00 2.22%2.737 2.586 $93.30 $231,385.78 ($16,614.22)0.05% 07371CT25 Beal Bank USA 2.250% 03/24/2027 3/30/2022 3/30/2022 $248,000.00 $248,000.00 $248,000.00 2.22%2.737 2.586 $93.30 $231,385.78 ($16,614.22)0.05% 61768U3U9 Morgan Stanley Private Bank, National Association 2.250% 03/30/2027 3/31/2022 3/31/2022 $248,000.00 $248,000.00 $248,000.00 2.25%2.753 2.561 $93.10 $230,885.37 ($17,114.63)0.05% 61773TCX9 Morgan Stanley Bank, National Association 2.250% 03/30/2027 3/31/2022 3/31/2022 $248,000.00 $248,000.00 $248,000.00 2.25%2.753 2.561 $93.10 $230,899.56 ($17,100.44)0.05% SubTotal $6,696,000.00 $6,696,000.00 $6,696,000.00 1.17%$6,226,717.25 ($469,282.75)1.28% U.S. Government Bond 3130ANHV5 Federal Home Loan Bank of New York 0.550% 12/19/2024 8/19/2021 8/19/2021 $5,000,000.00 $5,000,000.00 $5,000,000.00 0.55%0.477 0.461 $97.68 $4,884,050.00 ($115,950.00)1.01%Aaa AA+ SubTotal $5,000,000.00 $5,000,000.00 $5,000,000.00 0.55%$4,884,050.00 ($115,950.00)1.01% 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 15 of 19 City of Santa Ana POSITION STATEMENT As of June 30, 2024 City Council 7 – 17 10/1/2024 CUSIP Security Description Trade Date/ Settlement Date Par Value Principal Cost/ Purchased Interest Total Cost Yield at Cost Maturity/ Duration Market Price/ Market Value Unrealized Gain/ (Loss) % of Assets Moody's/ S&P Rating U.S. Treasury Bill 912797GW1 UST 10/03/2024 4/12/2024 4/12/2024 $9,250,000.00 $9,021,093.30 $9,021,093.30 5.40%0.266 0.244 $98.65 $9,125,032.50 $103,939.20 1.88%Aaa AA+ SubTotal $9,250,000.00 $9,021,093.30 $9,021,093.30 5.40%$9,125,032.50 $103,939.20 1.88% U.S. Treasury Bond 912797GL5 UST 09/05/2024 3/11/2024 3/11/2024 $9,000,000.00 $8,775,720.00 $8,775,720.00 5.31%0.189 0.194 $99.04 $8,913,861.00 $138,141.00 1.84%Aaa AA+ SubTotal $9,000,000.00 $8,775,720.00 $8,775,720.00 5.31%$8,913,861.00 $138,141.00 1.84% U.S. Treasury Note 9128286Z8 UST 1.750% 06/30/2024 3/16/2022 3/16/2022 $5,000,000.00 $4,990,000.00 $4,990,000.00 1.84%0.005 0.008 $99.98 $4,999,000.00 $9,000.00 1.03%Aaa AA+ SubTotal $5,000,000.00 $4,990,000.00 $4,990,000.00 1.84%$4,999,000.00 $9,000.00 1.03% Grand Total $503,198,427.37 $502,630,477.67 $502,630,477.67 2.02%$484,958,465.62 ($17,672,012.05)100.00% 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 16 of 19 City of Santa Ana POSITION STATEMENT As of June 30, 2024 City Council 7 – 18 10/1/2024 Transaction Type Trade Date Settlement Date CUSIP Security Description Par Value Principal Cost Total Proceeds Realized Gain/Loss Maturity Maturity 6/4/2024 6/4/2024 3130AYDW3 FHLB 5.230% 06/04/2024 12,000,000.00 12,000,000.00 12,000,000.00 0.00 Maturity 6/28/2024 6/28/2024 3130AMSF0 FHLB 0.400% 06/28/2024 6,000,000.00 6,000,000.00 6,000,000.00 0.00 Total 18,000,000.00 18,000,000.00 18,000,000.00 0.00 Transaction Type Payment Date Settlement Date CUSIP Security Description Interest Received Interest/Dividends Interest/Dividends 6/3/2024 6/3/2024 3130APVC6 FHLB 1.375% 12/01/2026 34,375.00 Interest/Dividends 6/3/2024 6/3/2024 39573LCC0 Greenstate Credit Union 0.900% 11/24/2025 189.57 Interest/Dividends 6/4/2024 6/4/2024 3130AYDW3 FHLB 5.230% 06/04/2024 259,756.67 Interest/Dividends 6/5/2024 6/5/2024 320337EZ7 First General Bank 0.500% 02/05/2025 105.31 Interest/Dividends 6/10/2024 6/10/2024 3135G06J7 FNMA 0.650% 12/10/2025 19,500.00 Interest/Dividends 6/10/2024 6/10/2024 15721UET2 CFBank, National Association 0.850% 07/10/2026 179.04 Interest/Dividends 6/10/2024 6/10/2024 70962LAV4 Pentagon Federal Credit Union 1.000% 11/10/2026 210.63 Interest/Dividends 6/10/2024 6/10/2024 59013KPN0 Merrick Bank Corporation 1.100% 11/09/2026 231.69 Interest/Dividends 6/12/2024 6/12/2024 06417NF73 Bank OZK 0.600% 05/12/2026 126.38 Interest/Dividends 6/17/2024 6/17/2024 3135GAAN1 FNMA 0.600% 12/17/2025 18,000.00 Interest/Dividends 6/17/2024 6/17/2024 05580AH64 BMW Bank of North America 0.950% 12/17/2024 1,181.23 Interest/Dividends 6/17/2024 6/17/2024 73319FBJ7 Poppy Business Merchant 0.800% 11/17/2026 168.50 Interest/Dividends 6/17/2024 6/17/2024 795451BA0 Sallie Mae Bank 1.000% 12/16/2024 1,243.40 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 17 of 19 City of Santa Ana TRANSACTION STATEMENT - PORTFOLIO HELD AT BNY As of June 30, 2024 City Council 7 – 19 10/1/2024 Transaction Type Payment Date Settlement Date CUSIP Security Description Interest Received Interest/Dividends 6/17/2024 6/17/2024 3136G4WV1 FNMA 0.750% 06/16/2025 18,750.00 Interest/Dividends 6/20/2024 6/20/2024 30781JAW0 Farmers & Merchants Bank of Colby 0.850% 11/19/2026 179.04 Interest/Dividends 6/20/2024 6/20/2024 45776NEN2 Insbank 0.900% 06/19/2026 189.57 Interest/Dividends 6/20/2024 6/20/2024 58404DMQ1 Medallion Bank 1.250% 12/21/2026 263.29 Interest/Dividends 6/24/2024 6/24/2024 38149MR47 Goldman Sachs Bank USA Holdings LLC 1.000% 12/22/2025 1,243.40 Interest/Dividends 6/25/2024 6/25/2024 3134GVR26 FMCC 0.700% 06/25/2025 21,000.00 Interest/Dividends 6/25/2024 6/25/2024 3130ALB52 FHLB 0.375% 02/25/2025 1,562.50 Interest/Dividends 6/26/2024 6/26/2024 02568KAJ4 Luminate Bank 0.700% 05/27/2026 147.44 Interest/Dividends 6/28/2024 6/28/2024 3130AMSF0 FHLB 0.400% 06/28/2024 12,000.00 Interest/Dividends 6/28/2024 6/28/2024 3130AQAB9 FHLB 1.625% 12/30/2026 30,468.75 Interest/Dividends 6/28/2024 6/28/2024 3134GXJL9 FMCC 0.500% 12/30/2025 15,000.00 Total 436,071.41 Transaction Type Trade Date Settlement Date Transaction Description Amount Withdrawal Withdrawal 6/28/2024 6/28/2024 Cash Out (18,390,602.66) Total (18,390,602.66) 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 18 of 19 City of Santa Ana TRANSACTION STATEMENT - PORTFOLIO HELD AT BNY As of June 30, 2024 City Council 7 – 20 10/1/2024 Meeder provides monthly statements for its investment management clients to provide information about the investment portfolio. 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Past performance is no guarantee of future results. Debt and fixed income securities are subject to credit and interest rate risk. The investment return and principal value of an investment will fluctuate so that an investors shares, when redeemed, may be worth more or less than their original cost. Current performance may be lower or higher than the performance data quoted. Meeder Investment Management is the global brand for the Meeder group of affiliated companies. Investment advisory services are provided through Meeder Public Funds, Inc. Please contact us if you would like to receive a copy of our current ADV disclosure brochure or privacy policy. 6125 Memorial Drive, Dublin Ohio 43017 | 866-633-3371 | www.meederpublicfunds.com Page 19 of 19 City of Santa Ana STATEMENT DISCLOSURE As of June 30, 2024 This report contains all the required information and accurately reflects all pooled investments held during this reporting period on behalf of the City and the Successor Agency to the Santa Ana Redevelopment Agency. The information reported herein is in compliance with State law and the City's Investment Policy. Based on liquidity of investments, the City of Santa Ana is able to meet budgeted expenditure requirements for the next six months, barring any catastrophic natural disasters. Market pricings are obtained through the City's third-party Investment Advisor at Meeder Public Funds, Inc. City Council 7 – 21 10/1/2024 Investments Amount Bank of New York Mellon - Investment Custodian 358,673,519.05 Local Agency Investment Fund (L.A.I.F)64,329,362.29 Local Agency Investment Fund (L.A.I.F) - ARPA 46,425,136.24 California CLASS 2,053,642.37 Total - Investments $ 471,481,659.95 Cash Held at City Financial Institution(s) and Cash on Hand Amount General Account 21,318,912.57 General Liability Account 1,696,677.04 Housing Account 5,054,776.80 Workers Compensation Account 1,309,767.98 Santa Ana Federal Credit Union - Family Self Sufficiency (FSS-Housing) 1,089,881.37 Commissary Account 293,600.26 Flexible Benefit Spending Account 305,576.70 Petty Cash 79,625.00 Total - Cash Held at City Financial Institution(s) and Cash on Hand $ 31,148,817.72 Restricted Cash Amount Signature Bank - Streetlight Project 1,268,869.87 US Bank - Pension Stability Funds (Section 115 Trust with PARS)30,127,578.87 State of California Condemnation Fund - Right of Way Deposits 1,041,525.00 Various US Bank & BNY 40,153,973.25 Total - Restricted Cash $ 72,591,946.99 Total Cash Held City at Financial Institution(s), Cash on Hand and Restricted Cash $ 575,222,424.66 Cash by Fund(s) - Total (see below for listing)$ 575,222,424.66 DATA PROVIDED AND VERIFIED BY THE CITY OF SANTA ANA City General Ledger Cash Summary City Council 7 – 22 10/1/2024 DATA PROVIDED AND VERIFIED BY THE CITY OF SANTA ANA Fund Fund description Amount 011 GENERAL FUND 168,610,783 012 CANNABIS PUBLIC BENEFIT 21,491,286 016 CASP CERTIFICATION & TRAINING 515,928 020 OTS-TRAFFIC OFFENDER PROGRAM 32,884 021 PRCSA CATV FUND 2,195,286 022 PRCSA FEE & DONATION 841,370 023 INMATE WELFARE FUND 2,469,734 024 PD ATHLETIC ACTIVITIES LEAGUE (309,574) 025 IDB & EZ VOUCHER MONITORING 178,390 026 ASSET FORFEITURE FUND 182,795 027 PARKING FUND 4,246,909 029 SPECIAL GAS TAX 27,252,570 030 PROP 1B BOND ACT OF 2006 157,061 031 AIR QUALITY IMPR. (AB 2766)1,150,036 032 MEASURE M-STREET CONSTRUCTION (11,210,235) 033 NEW TRANSPO SYS IMPR AREA B 587,815 034 NEW TRANSPO SYS IMPR AREA E 1,797,842 035 NEW TRANSPO SYS IMPR AREA F 2,447,860 041 TRANSP SYS IMPR AREA A-2 714,849 042 TRANSPO SYS IMPR AREA B 9,788 043 TRANSPO SYS IMPR AREA C 73,822 044 TRANSPO SYS IMPR AREA D 796 048 TRANSPO SYS IMPR AREA C-2 218,620 049 TRANSPO SYS IMPR AREA G 100,766 051 CAPITAL OUTLAY FUND 2,811,923 053 CITY SERVICES 6,677,099 054 SANITARY SEWER CAPITAL 7,725,202 055 SEWER CONNECTION FEE 4,920,768 056 SANITARY SEWER SERVICE 10,653,228 057 FED CLEAN WATER PROTECTION ENT 7,705,514 058 RESIDENTIAL STREET IMPROVEMENT 5,770,762 059 SELECT STREET CONSTRUCTION 24,332,565 060 WATER REVENUE 43,739,799 066 ACQUISITION & CONSTRUCTION 3,588,871 067 REGIONAL TRANSP CENTER 561,369 068 SANITATION FUND 3,625,334 069 REFUSE COLLECTION SERVICE 5,282,763 070 EQUIPMENT REPLACEMENT FUND 7,382,496 073 BUILDING MAINT FUND 1,657,186 City Council 7 – 23 10/1/2024 DATA PROVIDED AND VERIFIED BY THE CITY OF SANTA ANA Fund Fund description Amount 074 CIVIC CENTER MAINTENANCE (606,818) 075 FLEET MAINTENANCE/STORES 1,310,640 076 STORES & PROPERTY CONTROL (923,463) 078 RETIREMENT SYSTEM 2,122,613 080 LIABILITY AND PROPERTY INS FND 15,232,196 081 EMPLOYEE GROUP INSURANCE 2,189,461 082 WORKERS COMPENSATION FUND 20,636,705 083 PAYROLL REVOLVING 7,388,930 085 CITY YARD OPERATION (946,816) 086 PUB WKS ENG/PROJ MGMT (1,095,523) 087 PT RETIREMENT FUND 16,709 088 QUALITY SERVICE TRAINING 31,038 089 CA SEISMIC HAZARD PROGRAM 9,805 090 ORANGE CO SANITATION DIST 2&3 497,165 093 BUSINESS IMPROVEMENT DISTRICT 270 095 POLICE COMMISSARY ACCOUNT 248,840 096 SA TOURISM MARKETING DISTRICT 135,168 097 POLICE SEIZED ASSETS 2,171,776 100 SECTION 457 FIDUCIARY ADMIN 46,407 101 PUB WKS-ADMIN & PLANNING 3,528,542 103 PMA RETIREE HEALTH INSURANCE 8,159 104 SEIU RETIREE HEALTH INSURANCE 60,613 106 MGMT RETIREE HEALTH INSURANCE 11,880 107 UC RETIREE HEALTH INSURANCE 5,437 109 INFO SYS STRATEGIC PLAN 13,504,761 110 STRONG MOTION INSTRUMENTATION 114,973 111 OPIOID REMEDIATION 593,346 120 FIRE FACILITIES FUND 2,856,527 121 SPECIAL REPAIR/DEMOLITION 728,988 122 EMERGENCY & HEALTH GRANTS 8,477,055 123 WORKFORCE INVESTMENT ACT (539,804) 124 ORANGE COUNTY SSA GRANTS (42,395) 125 OES UASI (1,920,561) 127 D.O.J. GRANT FUND 35,411 128 POLICE BLOCK GRANTS 2,589,763 130 HOME PROGRAM FEDERAL GRANT 2,965,696 131 MISC GRANTS 1,248 133 HOUSING AUTHORITY-ISSUER FEE 2,508,155 135 COMMUNITY DEV BLOCK GRANT (78,063) City Council 7 – 24 10/1/2024 DATA PROVIDED AND VERIFIED BY THE CITY OF SANTA ANA Fund Fund description Amount 136 HOUSING AUTHORITY-VOUCHER HAP 1,274,855 138 HOUSING AUTHORITY-MS 5 (12,657) 139 HOUSING AUTHORITY-NEW CONSTR 466,425 140 HOUSING AUTHORITY-VOUCHER ADM 3,533,106 142 NSP FEDERAL GRANT 240,919 143 CALHOME MFGD HSG LOAN 415,658 144 PRISON TO EMPLOYMENT PROGRAM (90,274) 145 RENTAL REHABILITATION GRANT 49,347 147 FEDERAL AID SAFETY PROGRAM (964,709) 148 TRAFFIC SYSTEM MGMT GRANT (8,843,071) 149 WIC ASSESSMENT DIST ST IMPRV 33,540 152 PUBLIC LIBRARY GRANT FUND 5,122,321 158 PLANNING GRANTS PROGRAM (193,504) 161 PRCSA CAPITAL GRANTS (4,019,178) 164 PUB WKS-WTR QUALITY & CONTROL (4,622,595) 165 OFFICE OF SAFETY GRANT 13,876 166 US DOJ ASSET FORFEITURE FUND 1,683,351 167 US TREASURY ASSET FORFEITURE 210,101 169 RECREATION GRANTS FUND 666,970 177 EMERGENCY RENTAL ASSISTANCE PG 713,400 179 GENERAL FIXED ASSETS 9,148 180 ARPA EHV ADMIN FEES 144,471 181 AMERICAN RESCUE PLAN ACT 64,729,389 182 HOME-ARP PROGRAM FEDERAL GRANT (147) 183 ARPA - CA FOR ALL YOUTH WDP (693,648) 185 RENT STABILIZATION 1,974,106 186 HCV F S S FORFEITURES 153,865 201 LOCAL DRAINAGE AREA NO 1 136 202 LOCAL DRAINAGE AREA NO 2 1,465 203 LOCAL DRAINAGE AREA NO 3 773,617 204 LOCAL DRAINAGE AREA NO 4 1,082 205 LOCAL DRAINAGE AREA NO 5 614 206 LOCAL DRAINAGE AREA NO 6 902 207 LOCAL DRAINAGE AREA NO 7 198,952 209 LOCAL DRAINAGE AREA NO 9 751 210 LOCAL DRAINAGE AREA NO 10 17,592 211 LOCAL DRAINAGE AREA NO 11 228 212 LOCAL DRAINAGE AREA NO 12 13 213 LOCAL DRAINAGE AREA NO 13 2,764 City Council 7 – 25 10/1/2024 DATA PROVIDED AND VERIFIED BY THE CITY OF SANTA ANA Fund Fund description Amount 221 LOCAL DRAINAGE AREA I 1,149,386 222 LOCAL DRAINAGE AREA II 295,864 223 LOCAL DRAINAGE AREA III 222,356 224 LOCAL DRAINAGE AREA IV 654,774 225 LOCAL DRAINAGE AREA V 407,279 226 LOCAL DRAINAGE AREA VI 413,951 301 REC/COMM SVS 6,190 311 RESIDENTIAL DEVELOP DISTRICT 1 1,081,059 312 RESIDENTIAL DEVELOP DISTRICT 2 6,284,994 313 RESIDENTIAL DEVELOP DISTRICT 3 14,233,974 314 RESIDENTIAL DEVELOP DISTRICT 4 549,764 315 RESIDENTIAL DEVELOP HARBOR SPECFIC 1,090,365 400 POLICE UUT LEASE REVENUE BONDS 36,354 404 COSA 2014 LEASE FINANCING 8 406 2021 PENSION OBLIGATION BONDS 32,472 417 INCLUSIONARY HOUSING FEE 7,534,934 418 CDA - PEEBLER CAPITAL FUND 217,068 607 HOUSING AUTHORITY LMIHF 3,951,265 655 2018A SERIES TAX ALLOC BOND 16,024 670 COSA RDA 636,018 671 COSA RDA OBLIGATION RETIREMENT 11,465,752 980 SAN JUAQUIN TRANS CORRIDOR 75,286 991 TRAN SYS IMP AUT C-2 TUSTIN 3,195,132 992 TRAN SYS IMP AUT AREA D-TUSTIN 10,667,839 993 WIC ASSESSMENT DISTRICT 451,746 999 Lawson Clearing 0 Reconciling Item(s) - Outstanding Checks *5,031,051 Reconciling Item(s) - Bank Direct Deposits*237,955 Reconciling Item(s) - Deposits in Transit*(1,826,126.80) Withdrawals in Transit - Reconciling Item(s) - Various*49,417 City Council 7 – 26 10/1/2024 Finance and Management Services www.santa-ana.org/finance Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Carryover of Unspent Amounts from FY 2023-24 to FY 2024-25 AGENDA TITLE Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 2023-24 to Fiscal Year 2024-25 RECOMMENDED ACTION 1. Approve an Appropriation Adjustment to reduce the FY 2023-24 budget for unspent amounts to be carried over to FY 2024-25. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY 2024-25 budget for amounts carried forward from FY 2023-24. (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: No DISCUSSION It is common for a City to budget for non-recurring (one-time) expenditures, such as construction projects, not yet completed when the fiscal year ended on June 30. When this happens, the City Council may approve the “carryover” of the unspent budget from one fiscal year to the next to provide resources necessary for project completion. Staff typically does not request carryover for recurring operating budget amounts because each annual budget already includes provisions for ongoing operational expenses, except for projects that have not yet begun. The City Council adopts a budget one year at a time and the City’s Charter requires City Council approval for appropriation adjustments. Increasing the current year’s budget for unspent amounts carried over from the prior year constitutes an appropriation adjustment. The General Fund comprises $66.6 million of the total $442.7 million in carryover requests and the remainder is restricted funds. Budget staff reviewed and analyzed all requests to ensure there is sufficient unspent budget available for carryover. The following is a summary of all the proposed carryovers from FY 2023-24 (FY 23-24) to FY 2024-25 (FY 24-25): City Council 8 – 1 10/1/2024 Carry-Over of Unspent Amounts from FY 2023-24 to FY 2024-25 October 1, 2024 Page 2 4 5 8 4 Staff has compiled a list of carryover requests (Exhibit 1). These include items such as multi-year capital/grant projects, delayed purchases due to vendor availability issues, and various one-time projects approved for FY 2023-24 that were not completed by the fiscal year end on June 30, 2024. The most significant carryovers follow, which account for half of the total. •Safe Routes to Schools (Traffic Safety for School Children) $49.9M •Bristol Street Projects $37.8M •Main & Newhope Library Renovations $34.5M •Warner Avenue Improvements $30.7M •Swimming Pool & Facilities at Memorial Park $28.5M •Third & Broadway Development $13.0M •Santa Anita Park Improvements $9.1M •Centennial Park Improvements $8.5M •Zoo Improvements $8.5M See Exhibit 1 for detailed information regarding each of the requested carryover projects. This file lists the accounting unit, description, amount, project status, and estimated completion date. Because the City’s legal level of budgetary compliance is by fund and department, the attached carryover lists include several negative amounts. These negative carryover amounts are accompanied by positive carryover amounts within the same fund and department. Essentially, these offsetting negative and positive amounts are being used to align the budget between various accounting units within a single department and fund to match remaining available resources such as grants. Each amount on the list includes the amount available one month after the end of FY 23-24. Staff continued to pay FY 23-24 invoices through the end of August and will complete the reconciliation of accounts in October. The FY 23-24 ledger will not be final and closed until the financial statements have been audited in November. Therefore, the requested carryovers are “maximum” amounts. The actual amounts processed for carryover will be limited to the available budget once the FY 23-24 ledger is closed. Carryovers are summarized by fund in Exhibit 2. Staff will update FY 2024-25 revenue estimates for reimbursement grants tied to carryover amounts (i.e. CDBG) to reflect reimbursement timing. Carryover Type General Fund ARPA Restricted Total CIP 42,408,082$ 53,450,290$ 275,306,449$ 371,164,821$ Equipment 4,862,756$ 513,970$ 7,216,104$ 12,592,830$ All Other 19,345,368$ 5,624,838$ 33,995,540$ 58,965,746$ Total 66,616,206$ 59,589,098$ 316,518,093$ 442,723,397$ City Council 8 – 2 10/1/2024 Carry-Over of Unspent Amounts from FY 2023-24 to FY 2024-25 October 1, 2024 Page 3 4 5 8 4 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT No fiscal impact is associated with the recommended actions to carry over unspent appropriations. Spending for previously authorized expenditures will occur in a later period, which only affects the timing of cash flow. EXHIBIT(S) 1. List of Requests to Carryover Unspent Aappropriations 2. List of Requests to Carryover Unspent Appropriations by Fund Submitted By: Kathryn Downs, Finance and Management Services Agency Executive Director Approved By: Alvaro Nuñez, City Manager City Council 8 – 3 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 General Fund (Fund 11) Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 01103010 City Manager 230152 GENERAL FUND 8th Floor Remodel 06/2025 Final phase of remodel, construction to commence January 2025.20,000 01103017 City Manager 230152 GENERAL FUND 8th Floor Remodel 06/2025 Final phase of remodel, construction to commence January 2025.100,000 01103010 City Manager 240100 GENERAL FUND Chinatown Memorial 06/2025 Design for memorial in progress, location in development.20,000 01105015 City Manager 230152 GENERAL FUND 8th Floor Remodel 06/2025 Final phase of remodel, construction to commence January 2025.170,000 01105015 Non-Departmental N/A GENERAL FUND Third & Broadway Development 06/2025 Project plan and scope is undergoing review. 13,000,000 01105015 Non-Departmental N/A GENERAL FUND Civic Center Modernization TBD Hiring a consultant to develop the RFP for planning and design 1,000,000 01108032 City Attorney N/A GENERAL FUND Williams and Maher Supplies 06/2025 Payment of invoice pending.25,235 01108032 City Attorney N/A GENERAL FUND New Office Furniture for City Attorney's Office 08/2024 Furniture order received on July 2024, payment of invoice is pending. 271,210 01109050 Human Resources 240600 GENERAL FUND The Standard Life Insurance Implementation 06/2025 One-time implmentation credit from Standard Insurance will be used for supplies, training, and support services for benefit operations. 15,000 01109050 Human Resources N/A GENERAL FUND 4th Floor Remodel - Human Resources 06/2025 Purchase order will be issued for office furniture; remodel to replace flooring begins March 2025. 90,000 01110100 Finance N/A GENERAL FUND Consulting Services for GASB Implementation and Financial Reporting 12/2026 Request for Proposal will be issued in FY24-25. Additional expenditure savings are being added to project after the significant scope of work was carefully evaluated. 100,000 01110100 Finance N/A GENERAL FUND Current Office Furniture Replacement - Budget Office 06/2025 Furniture specs are in progress; Purchase Order will be issued in September 2024 for the final phase of furniture order.25,000 01110100 Finance N/A GENERAL FUND 4th Floor Remodel - Purchasing Division 06/2025 Expected completion date is June 2025. 60,000 01110110 Finance N/A GENERAL FUND Accounting Office Supplies 06/2025 Expected completion date is June 2025. 38,000 01110110 Finance N/A GENERAL FUND 4th Floor Remodel - Purchasing Division 06/2025 Expected completion date is June 2025. 40,000 01110115 Finance N/A GENERAL FUND 4th Floor Remodel - Purchasing Division 06/2025 Expected completion date is June 2025. 25,000 01110130 Finance N/A GENERAL FUND Vehicle Replacement - Municipal Utility Services 06/2025 Expected completion date is June 2025. 62,000 01110130 Finance N/A GENERAL FUND Separation Cash Out for Long-Time Staff Retirement 06/2025 Expected completion date is June 2025. 20,000 01110131 Finance N/A GENERAL FUND Separation Cash Out for Long-Time Staff Retirement 06/2025 Expected completion date is June 2025. 22,000 01111110 Library N/A GENERAL FUND Main Library & Book Mobile Book Collections 06/2025 Purchase of new books and materials will be received by June 2025.185,000 01111190 Library N/A GENERAL FUND Main Library & Book Mobile Book Collections 06/2025 Purchase of new books and materials will be received by June 2025.50,000 01111110 Library N/A GENERAL FUND Newhope Library Renovation 06/2025 Expected completion date is June 2025. 200,000 01111017 Library N/A GENERAL FUND Garfield Community Center Supplies 06/2025 Expected completion date is June 2025. 61,000 01113017 Parks & Recreation 232601 GENERAL FUND Santa Ana Zoo-Construction Of New Zoo Educational Hub Building 12/2025 In Progress; Submitted plans for review-Bid Scheduled for December 2024.-Est Cmpl December 2025 125,013 01113017 Parks & Recreation N/A GENERAL FUND Vehicle Add-On Equipment 12/2024 Purchase order has been issued and once vehicles are delivered, Fleet will equip the vehicles with the additional equipment by December 2024. 30,000 01113200 Parks & Recreation N/A GENERAL FUND City-Wide Credit Card Terminal Project 06/2025 Hardware has been purchased and testing is in progress. City- wide credit card terminals are expected to be installed in FY24- 25. 123,420 01113220 Parks & Recreation N/A GENERAL FUND Zoo Ticketing System 06/2025 In coordination with the City-wide credit card terminals. Credit card terminals are expected to be installed in FY24-25. 62,000 EXHIBIT 1 City Council 8 – 4 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 01114403 Police Department 234520 GENERAL FUND PD Fire Alarm System Upgrade (Phase II)06/2025 Project was delayed due to limited access to Jail mods during specific hours only, coordination of movement of inmates, and Building Maintenance staff shortages. Project is 52% complete and expected to be completed by the end of FY24-25. 437,357 01114403 Police Department N/A GENERAL FUND PD Jail Access Control System 06/2027 To ensure jail security and continue accepting inmates from federal and local agencies. 200,000 01114403 Police Department 234522 GENERAL FUND PD Gate Replacement 06/2025 Project was delayed due to staffing shortages. RFP to be completed by June 2025. 95,287 01114403 Police Department 234519 GENERAL FUND PD Uninterruptible Power Supply (UPS) Equipment Installation 06/2025 UPS equipment was received and paid; pending payment for installation of equipment. 76,740 01114403 Police Department 234521 GENERAL FUND PD Furniture Replacement 06/2025 Furniture was received in July 2024; pending payment for installation of equipment. 200,000 01116570 Police Department N/A GENERAL FUND Healthcare & Emergency Animal Rescue Team (HEART)06/2025 Agreement fully executed at the end of FY23-24. Funds will be expended throughout FY24-25. 74,243 01116500 Planning & Building N/A GENERAL FUND Conference Room 1600 Remodel 10/2024 Project in progress; 75% completed. 65,000 01116510 Planning & Building 255001 GENERAL FUND Historic Project Consultants 06/2025 Agreements have been fully executed; project consultants are actively meeting to complete a historic citywide survey in coordination with the General Plan and Zoning Code updates. 450,000 01116510 Planning & Building N/A GENERAL FUND General Plan Legal Consulting Services 06/2025 General Plan implementation and Zoning Code update work has begun. Legal consulting will be required. 250,000 01116510 Planning & Building N/A GENERAL FUND PBx - Express Permit Service 12/2024 PBx Phase 1 implementation completed in August 2024. Phase 2 is in progress with an expected completion date of December 2024. Funds will be used to update signage, Qmatic software, temp staffing, and training.  30,000 01116510 Planning & Building N/A GENERAL FUND Planning Workstations - Furniture 10/2024 Pending furniture installment and invoice processing. 116,000 01116510 Planning & Building N/A GENERAL FUND Zoning Code Update 06/2025 Agreements have been fully executed and work has commenced. Zoning meetings are in progress.  775,981 01116520 Planning & Building 245005 GENERAL FUND Building Safety Ross Annex First Floor Remodel 06/2025 Construction Bid closes September 2024. In progress - estimated completion date is June 2025. 538,000 01116530 Planning & Building N/A GENERAL FUND Seismic Retrofit Study 06/2025 Engineering consulting firm to survey and assess the City's building inventory and implement a Seismic Retrofit Ordinance. Building Safety is finalizing the RFP with the study scheduled to be released in December 2024. 300,000 01116530 Planning & Building N/A GENERAL FUND Land Management System Upgrade 06/2025 Expected completion date is June 2025. 112,000 01116530 Planning & Building 245005 GENERAL FUND Building Safety Ross Annex First Floor Remodel 06/2025 Construction Bid closes September 2024. In progress - estimated completion date is June 2025. 275,000 01116540 Planning & Building 245005 GENERAL FUND Code Enforcement Ross Annex First Floor Remodel 06/2025 Construction Bid closes September 2024. In progress - estimated completion date is June 2025. 177,000 01117017 Public Works 222755 GENERAL FUND Centennial Park-Construction Of New Dog Park 08/2025 In Progress-In Design. Design work is 60% complete-Est Cmpl August 2025 1,000,000 01117017 Public Works N/A GENERAL FUND Climate Action Plan 06/2025 In Progress-In Design. Design work is 60% complete-Est Cmpl August 2025 750,000 01117017 Public Works N/A GENERAL FUND Economic Water Tower Feasibility Study 06/2025 Economic Study in progress with estimated completion date of Spring 2025. 50,000 01117017 Public Works N/A GENERAL FUND Water Tower Feasibility Study 12/2024 Study for structural and architectual requirements in final stages. Expected to be completed by early Fall 2024. 150,000 01117611 Public Works N/A GENERAL FUND CIP Engineering Field Devices 06/2025 New equipment for CIP Engineering team is expected to be purchased in FY24-25. 30,000 01117650 Public Works 222755 GENERAL FUND Centennial Park-Construction Of New Dog Park 08/2025 In Progress-In Design. Design work is 60% complete-Est Cmpl August 2025 2,600,000 01118017 Community Development N/A GENERAL FUND Sales Tax Rebate for Volvo and TAC Energy 06/2025 Expected completion date is June 2025. 60,000 01118017 Community Development 249005 GENERAL FUND Start-Up Grants for Non-Profits 06/2025 Agreements have been fully executed. The last agreement is currently being paid since non-profits are due the balance on agreements six months after full execution, which will be in Septemeber and December 2024. 100,000 01118017 Community Development 249004 GENERAL FUND Arts and Culture Commission Special Events Funding (Sponsorship)06/2025 Agreement has been fully executed. Pending payment processing in October 2024. 54,060 01118017 Community Development 259002 GENERAL FUND 1st and 6th Floor Renovations 07/2025 Construction to begin in October 2024 with an expected completion date of July 2025. 1,200,000 City Council 8 – 5 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 01118017 Community Development N/A GENERAL FUND 3rd & Main Parking Lot Purchase 02/2025 Oversight Board of Successor Agency approval anticipated in February 2025. 190,000 01118017 Community Development 249001 GENERAL FUND Youth Employment Program 06/2025 Funds to be expended in Fiscal Year 2024-2025 during non-peak periods of the fiscal year during the fall, winter, and spring. 27,750 01118017 Community Development N/A GENERAL FUND Artist Grant Program 06/2025 Funds will be expended by June 2025. 200,000 01118017 Community Development 249003 GENERAL FUND Bridging the G.A.P. (Graffiti Arts Program)06/2025 Estimated project completion by September 2024. Upon receiving the invoice, payment request will be submitted. 75,000 01118810 Community Development 259002 GENERAL FUND 1st and 6th Floor Renovations 07/2025 Construction to begin in October 2024 with an expected completion date of July 2025. 400,000 01118810 Community Development 249006 GENERAL FUND Regional Assessment of Fair Housing 07/2025 Expected completion date is June 2025.  159,890 01118810 Community Development N/A GENERAL FUND Mural Restoration 06/2025 Program guidelines are being reviewed and finalized with funds to be expended by June 2025. 50,000 01118825 Community Development N/A GENERAL FUND Sales Tax Rebate for Volvo and TAC Energy 06/2025 Expected completion date is June 2025. 271,731 01111017 Library 221380 General Fund Main Library Renovation 03/2026 Active; Construction Phase; Construction contingency, children's exhibits, moving services, and various miscellaneous costs for Main Library Renovation 3,889,803 01111017 Library 221381 General Fund Outdoor Library At Jerome Park 02/2025 Active; Construction Phase; Construction contingency and signage design services for the Outdoor Library at Jerome Park 191,378 01111190 Library 221381 General Fund Outdoor Library At Jerome Park 02/2025 Active; Construction Phase; Book kiosk 100,000 01111017 Library 221382 General Fund Delhi Library Branch 03/2025 Active; Design Complete; Construction Phase to begin September 2024; Furniture costs, construction engineering, and various miscellaneous costs for Delhi Library Branch 400,000 01111017 Library 231382 General Fund Delhi Library Branch 03/2025 Active; Design Complete; Construction Phase to begin September 2024; Design Services for Delhi Library Branch 56,175 01111110 Library 241602 General Fund Library Admin Projects 06/2025 Active; Security gates and cameras for new Delhi Library Branch 109,000 01111190 Library 241603 General Fund Library Tech Projects 06/2025 Active; Public access laptops for the Delhi Library Branch and Library satellite locations during Main closure 57,000 01115330 Fire & EMS 246054 GENERAL FUND - FIRE Fire Station 71 Storage Tank 11/2026 Design - Final Plan Check 856,800 01115017 Fire & EMS 236626 GENERAL FUND - FIRE Fire Facilities Building Repairs & Improvements 01/2026 In Progress Fire Facilities Building Improvements 318,200 01115017 Fire & EMS 246626 GENERAL FUND - FIRE Fire Station 70 Kitchen and Dayroom ADA 06/2027 In progress; estimated to go out to bid August 2024. 650,000 01115330 Fire & EMS 246053 GENERAL FUND - FIRE Fire Station 74 Above Ground Storage Tank 11/2026 Design - Final Plan Check 72,700 01115330 Fire & EMS 226020 GENERAL FUND - FIRE Fire Station 75 Above Ground Storage Tank 06/2025 Design - Final Plan Check 946,400 01117017 Public Works 156827 PWA - SERVICE ENHANCEMENT Fairview Bridge & Street Improvements 12/2024 5% Design 352,994 01117017 Public Works 179001 PWA - SERVICE ENHANCEMENT South Main Street Corridor Public Improvements 06/2025 Project Complete; Project Balance Available 839,194 01117017 Public Works 226023 PWA - SERVICE ENHANCEMENT Cypress Fire Station 06/2025 In Design 622,477 01117017 Public Works 236001 PWA - SERVICE ENHANCEMENT Grand Central Art Center 09/2024 Pending Retention Release (4,594) 01117017 Public Works 236031 PWA - SERVICE ENHANCEMENT Ross Annex HVAC Automation 06/2026 System Programming in Progress 110,920 01117017 Public Works 236032 PWA - SERVICE ENHANCEMENT Corbin Center Improvements 01/2026 90% Design 217,460 01117017 Public Works 236039 PWA - SERVICE ENHANCEMENT Salgado Center Floor Replacement 05/2027 Project in progress, construction 50% complete. 143,406 01117017 Public Works 236041 PWA - SERVICE ENHANCEMENT Refurbishment of Neighborhood Entry Monument Signs 05/2027 Project Complete; Project Balance Available 18,916 01117017 Public Works 246027 PWA - SERVICE ENHANCEMENT Police Building Maintenance Services 09/2026 Project designated to allocate building maintenance constractual services for PWA. 124,906 01117017 Public Works 246046 PWA - SERVICE ENHANCEMENT City Hall Loading Dock Mechanical Room Sewer Pump Replacement 07/2026 Installation of new pumps, piping, pit lid, control panels in progress. 217,840 City Council 8 – 6 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 01117017 Public Works 246047 PWA - SERVICE ENHANCEMENT Ross Annex Basement - Drainage Repair/Replacement 07/2026 Installation of cast iron pipes in progress. 234,670 01117017 Public Works 246049 PWA - SERVICE ENHANCEMENT Police Building Deferred Maintenance & Repairs 08/2026 PD Building ongoing repairs in progress. 422,746 01117620 Public Works 186919 PW-TRAFFIC/TRANS - SERV ENHMNT Traffic Signal Modification: 1st to Jackson St & 5th to Euclid St 06/2025 99% Construction 40,542 01117620 Public Works 206963 PW-TRAFFIC/TRANS - SERV ENHMNT Safe Routes to Schools: Kennedy & Villa 05/2027 84% Construction 130,000 01117620 Public Works 226018 PW-TRAFFIC/TRANS - SERV ENHMNT Flower & 3rd St Traffic Safety 06/2025 Design Phase, 90% Complete 500,000 01117620 Public Works 226988 PW-TRAFFIC/TRANS - SERV ENHMNT Main St Rehab: Macarthur-Dyer 06/2025 99% Construction 71,633 01117620 Public Works 226995 PW-TRAFFIC/TRANS - SERV ENHMNT Bristol St & Santa Clara Signal Modification 06/2025 98% Construction 84,340 01117620 Public Works 236026 PW-TRAFFIC/TRANS - SERV ENHMNT Citywide Parking Study 09/2025 Project is ongoing with community outreach and data collection being finalized; Program recommendations to follow. 310,211 01117620 Public Works 236034 PW-TRAFFIC/TRANS - SERV ENHMNT Traffic Calming Improvements Phase I 06/2025 Projects at following locations completed: Grovemont St, Civic Center Dr, Walnut St, Myrtle St, Adams St & Cypress Ave. Project Balance Available 36,475 01117620 Public Works 236036 PW-TRAFFIC/TRANS - SERV ENHMNT Traffic Calming Improvements Phase II: Cubbon & Birch St 04/2027 Construction Phase ongoing, 1% complete 802,132 01117620 Public Works 236037 PW-TRAFFIC/TRANS - SERV ENHMNT Traffic Calming: Memory & Flower Bikeway 04/2027 Environmental Phase, 100% complete. Design Phase, 30% complete. 850,743 01117620 Public Works 246045 PW-TRAFFIC/TRANS - SERV ENHMNT Segerstrom/Spruce Traffic Signal 09/2026 Construction Phase, 5% Complete 671,402 01117620 Public Works 246005 PW-TRAFFIC/TRANS - SERV ENHMNT Traffic Calming FY23/24 04/2027 Project is ongoing with scope locations and design work underway. Advertising project expected in March 2025. 1,000,000 01117620 Public Works 246008 PW-TRAFFIC/TRANS - SERV ENHMNT Traffic Signal Maintenance Staff 06/2026 Project designated to allocate Traffic Engineering Staff Costs. 89,197 01117622 Public Works 226999 PWA RIGHT-OF-WAY Project W Bus Shelter Project 09/2025 98% Construction 166,034 01117622 Public Works 246900 PWA RIGHT-OF-WAY Right of Way Management FY23/24 09/2025 Project in Design phase. 4,800 01117630 Public Works 226017 PW-ST LIGHT MAINT. SERV ENHCMN Saddleback Street Light Project 06/2025 99% Construction 90,029 01117630 Public Works 236045 PW-ST LIGHT MAINT. SERV ENHCMN Street Lighting Master Plan 06/2026 Construction Phase, 99% Complete 19,347 01117630 Public Works 236030 PW-ST LIGHT MAINT. SERV ENHCMN Riverview Neighborhood Street Lighting 12/2026 99% Construction 124,206 01117630 Public Works 236033 PW-ST LIGHT MAINT. SERV ENHCMN Street Light Poles Replacement 06/2026 97% Construction 863,820 01117660 Public Works 236910 PUB WKS-ROAD MAINTENANCE Alley Improvement Program FY23/24 06/2025 95% Construction 724,526 01117660 Public Works 246910 PUB WKS-ROAD MAINTENANCE Alley Improvement Program FY23/24 09/2025 Ongoing; Project Balance Available 1,422,135 01117660 Public Works 226989 PUB WKS-ROAD MAINTENANCE Westminster Rehab: Newhope to Harbor 06/2025 99% Construction 800,000 01117660 Public Works 146802 PUB WKS-ROAD MAINTENANCE Warner Ave Widening: Main to Oak Phase I 09/2026 90% Construction 1,200,000 01117650 Public Works 246007 SARTC MAINTENANCE- SERV ENHCMT SARTC Fan Coil Replacements 04/2027 Fan coil replacements 95% complete 82,155 01117650 Public Works 246058 SARTC MAINTENANCE- SERV ENHCMT SARTC Outdoor Fountain Renovation 01/2026 Construction to begin August 2024 100,823 01117650 Public Works 246059 SARTC MAINTENANCE- SERV ENHCMT SARTC Grease Interceptors 02/2027 95% Construction 54,714 01117650 Public Works 226024 SARTC MAINTENANCE- SERV ENHCMT SARTC Deferred Maintenance 03/2027 Ongoing project to conduct required repairs. 591,673 01113220 Parks & Recreation 162658 General Fund Santa Ana Zoo-Construction Of New Otter Habitat 12/2024 In Progress-Construction-70% Complete-Est. Cmpl December 2024 1,300,000 01113017 Parks & Recreation 212750 General Fund PRCSA-City Hall Renovation 12/2024 Complete-Final payment pending 88,699 01113017 Parks & Recreation 221415 General Fund Memorial Park-Construction Of New Aquatic Facilities 10/2026 In Progress-Pending Contract Award for October 2024-Est Cmpl October 2026 10,000,000 City Council 8 – 7 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 01113220 Parks & Recreation 222764 General Fund Santa Ana Zoo-Construction Of New Walkways 06/2025 In Progress-Received Bids, but scope will need to be adjusted and re-bid as cost came in above available funding. Est. Cmpl June 2025 392,940 01113017 Parks & Recreation 242602 General Fund Santa Ana Stadium-Replacement Of Bleachers 03/2025 In Progress-Purchase Order Issued, installation expected for December 2024 50,715 01113017 Parks & Recreation 242603 General Fund Santa Ana Stadium-Design For Additional Seating 03/2025 In Progress-Design only-10% Complete-Est Cmpl March 2025 430,000 01113230 Parks & Recreation 242604 General Fund PRCSA-New Workstations & Offices 12/2024 In Progress-furniture delivered-Pending payment. Additional office equipment to be ordered-Est Cmpl December 2024 510,406 01111017 Library N/A General Fund Ford F-59 Book Mobile 02/2025 2nd Book Mobile expected February 2025 414,922 01113017 Parks & Recreation 222001 General Fund 2023 Chevrolet Colorado Truck 08/2025 Payment Pending 229,213 01113017 Parks & Recreation 242602 General Fund Stadium Seating 12/2025 Expect to receive by September 2025 499,285 01114403 Police Department 234515 General Fund Split System HVAC Replacement 10/2024 Invoices were submitted in September 2024 34,864 01114470 Police Department N/A General Fund Security Camera System 10/2024 Items not received with no current estimated arrival date 96,733 01114475 Police Department N/A General Fund 2024 Ford Transit Passenger Wagon 06/2025 Items not received with no current estimated arrival date 103,659 01115017 Fire & EMS 236626 General Fund New Skylight Tops and Replacement of AC Condensing Unit 06/2025 Items not received with no current estimated arrival date 15,328 01116540 Planning & Building N/A General Fund 2023 Chevrolet Colorado Truck 10/2024 Goods received. Pending invoice processing. 71,949 01116540 Planning & Building N/A General Fund 2024 Chevrolet Blazer EV 10/2024 Goods received. Pending invoice processing. 70,907 01116540 Planning & Building N/A General Fund 2024 Chevrolet Equinox EV SUV 10/2024 Goods received. Pending invoice processing. 94,254 01117017 Public Works 236001 General Fund Fan Coil Replacement 09/2024 Invoices were submitted in September 2024 37,856 01117017 Public Works N/A General Fund 2023 Chevrolet Traverse 10/2024 All vehicles received; payment pending 40,107 01117017 Public Works N/A General Fund Commerical Diesel Generator Set 12/2024 Items not received with no current estimated arrival date 376,712 01117017 Public Works N/A General Fund Development Impact Fees Consultants 06/2025 Services not yet performed 101,500 01117017 Public Works 246027 General Fund Stairwell Renovation 11/2024 Items not received or services not performed 21,470 01117611 Public Works N/A General Fund 2024 Chevrolet Colorado 10/2024 Vehicle received; payment pending 47,123 01117620 Public Works N/A General Fund Streetlight Poles 06/2025 Items not received with no current estimated arrival date 217,404 01117620 Public Works 236026 General Fund Traffic Parking Study 06/2025 Multi-year study still underway 210,212 01117620 Public Works 236045 General Fund Street Light Master Plan 06/2025 Two year study expected to be complete June 2025. 159,874 01117620 Public Works N/A General Fund EYEP Solutions Inc. Cameras and Laptop Setup 06/2025 Items not received with no current estimated arrival date 66,108 01117630 Public Works N/A General Fund Ford F550 Boom Truck 06/2026 Estimated arrival is June 2026 150,000 01117630 Public Works N/A General Fund Streetlight Poles 06/2025 Items not received with no current estimated arrival date 107,080 01117630 Public Works 236045 General Fund Street Light Master Plan 06/2025 Two year study expected to be complete June 2025. 102,472 01117643 Public Works N/A General Fund Aerial/Tree Trimmer Combo Truck 06/2026 Estimated arrival is June 2026 406,129 01117650 Public Works 226024 General Fund Fan Coil Replacement 09/2024 Items received; payment pending 184,234 01117651 Public Works N/A General Fund Ford F550 Boom Truck 10/2025 Estimated arrival is October 2025 232,506 01117651 Public Works N/A General Fund 2023 Chevrolet 2500HD Truck 06/2025 Items not received with no current estimated arrival date 92,377 01117651 Public Works N/A General Fund Ford Transit Plumbers Van 10/2024 Item received; payment pending 94,058 01117651 Public Works N/A General Fund 2024 Chevrolet Colorado 10/2024 Item received; payment pending 45,423 City Council 8 – 8 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 01117651 Public Works N/A General Fund Terex Hi-Ranger Bucket Truck 06/2025 Items not received with no current estimated arrival date 241,107 01117652 Public Works N/A General Fund Barrier Free Park Installation 06/2025 Project still in progress 18,337 American Rescue Plan Act (ARPA) 18103013 City Manager 221306 ARPA - CMO Digital Marquees Throughout City 12/2026 Completed less than 50% 1,861,910 18103013 City Manager 221365 ARPA - CMO Federal Grant Compliance Consultant 12/2026 Completed less than 50% 172,930 18110013 Finance 221362 ARPA - FMSA Accounting & Compliance 12/2026 Completed less than 50% (170,250) 18111013 Library 221380 ARPA - LIBRARY Main Library Renovation 12/2026 Completed less than 50% 13,443,780 18111013 Library 221381 ARPA - LIBRARY Jerome Park - Library In The Park 12/2026 Completed less than 50% 2,927,580 18111013 Library 221382 ARPA - LIBRARY Delhi Center Library Branch 12/2026 Completed less than 50% 3,372,900 18113013 Parks & Recreation 221320 ARPA - PRCSA Childhood Support/Head Start 09/2024 Complete-Pending Final Payment 90,720 18113013 Parks & Recreation 221321 ARPA - PRCSA After School/Youth Sport Program 09/2024 Complete-Pending Final Payment 41,190 18113013 Parks & Recreation 221327 ARPA - PRCSA Youth Violence Prevention Prgm 09/2024 Complete-Pending Final Payment 332,960 18113013 Parks & Recreation 221342 ARPA - PRCSA 10th & Flower Park Improvements 12/2026 Completed 50% or more 2,766,970 18113013 Parks & Recreation 221348 ARPA - PRCSA Windsor Park Restroom 12/2026 Completed less than 50% 211,020 18113013 Parks & Recreation 221349 ARPA - PRCSA Angels Park Renovation 12/2026 Completed less than 50% 428,630 18113013 Parks & Recreation 221350 ARPA - PRCSA Heritage Park Restroom 12/2026 Completed less than 50% 61,960 18113013 Parks & Recreation 221353 ARPA - PRCSA Madison & Windsor Park Security Cameras 12/2026 Completed less than 50% 213,970 18114013 Police Department 221310 ARPA - PD Covid Emergency Preparedness 12/2026 Completed less than 50% (31,570) 18116013 Planning & Building 221346 ARPA - PBA Property Compliance/Assistance Program 12/2026 Completed 50% or more 48,700 18117013 Public Works 182681 ARPA - PWA Centennial Lake Renovation 10/2024 In Progress-Construction-90% Complete- October 2024 1,266,180 18117013 Public Works 196951 ARPA - PWA Safe Routes to Schools: Davis Elementary 09/2021 Completed 50% or more 65,920 18117013 Public Works 221309 ARPA - PWA Sanitation & Prevention - Right of Way Maintenance 12/2026 Completed less than 50% (155,780) 18117013 Public Works 221341 ARPA - PWA First St Slope Stabilization 12/2026 Completed less than 50% 2,686,350 City Council 8 – 9 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 18117013 Public Works 221344 ARPA - PWA Open Space Land Acquisition - 4404 W 1st St 12/2026 Completed 50% or more 100,680 18117013 Public Works 221358 ARPA - PWA Public Health & Wellness Plaza 12/2026 Completed less than 50% 920,880 18117013 Public Works 221365 ARPA - PWA Federal Grant Compliance Consultant 12/2026 Completed less than 50% (192,480) 18117013 Public Works 221378 ARPA - PWA Santa Anita Park Community Center Renovation 12/2026 Completed less than 50% 7,856,770 18117013 Public Works 221387 ARPA - PWA Neighborhood Safety Streetlights Phase I 12/2026 Completed less than 50% 834,630 18117013 Public Works 221388 ARPA - PWA Neighborhood Safety Streetlights Phase II 12/2026 Completed less than 50% 1,071,050 18117013 Public Works 221402 ARPA - PWA Sanitation & Pressure Washing 12/2027 Completed 50% or more 43,000 18117013 Public Works 221403 ARPA - PWA Bus Shelter Cleaning 12/2027 Completed less than 50% (12,010) 18117013 Public Works 221405 ARPA - PWA Pedestrian & Mobility Improvements Phase I 12/2027 Completed less than 50% 202,500 18117013 Public Works 221406 ARPA - PWA Pedestrian & Mobility Improvements Phase II 12/2027 Completed less than 50% 2,827,250 18117013 Public Works 221407 ARPA - PWA Pedestrian & Mobility Improvements Phase III 12/2027 Completed less than 50% 322,120 18117013 Public Works 221408 ARPA - PWA Bristol Recreation Corridor 12/2027 Completed less than 50% 628,260 18117013 Public Works 221410 ARPA - PWA Warner Linear Park 12/2027 Completed less than 50% 48,790 18117013 Public Works 221412 ARPA - PWA Riverview Park Restroom 12/2027 Completed 50% or more 102,720 18117013 Public Works 221415 ARPA - PWA Memorial Park & Aquatics Facility Renovation 12/2027 Completed less than 50% 5,242,910 18117013 Public Works 221418 ARPA - PWA Stormwater Channel Fencing Phase III 02/2026 Not Started 350,000 18117013 Public Works 221420 ARPA - PWA Bike Trail Security Cameras 06/2025 RFP in development and expected to be awarded by December 2024. 300,000 18117013 Public Works 221421 ARPA - PWA Angels Park Lights 12/2026 Not Started 500,000 18117013 Public Works 221422 ARPA - PWA Centennial Park Lights 12/2026 Not Started 250,000 18117013 Public Works 221423 ARPA - PWA Delhi Park Lights 12/2026 Not Started 600,000 18117013 Public Works 221424 ARPA - PWA Centennial Park Restrooms 12/2026 Not Started 400,000 18118013 Community Development 221301 ARPA - CDA Mental Health Recovery 12/2026 Completed less than 50% (22,950) City Council 8 – 10 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 18118013 Community Development 221323 ARPA - CDA Business/Non-Profit Assistance 12/2026 Completed 50% or more 70,680 18118013 Community Development 221370 ARPA - CDA Parking Structure Improvement/Safety 12/2026 Completed less than 50% 216,280 18118013 Community Development 221802 ARPA - CDA Newhope Project Construction 12/2025 Not Started 3,604,970 18120013 Information Technology 221385 ARPA - IT Information Technology Process Upgrades 12/2026 Completed less than 50%1,585,150 18114013 Police Department 221327 ARPA - PD PAAL Supplies 06/2025 Items not received with no current estimated arrival date 337,198 18120013 Information Technology 221385 ARPA - IT Aruba Quickstart Consulting 06/2025 Services not yet performed 13,608 18118013 Community Development 221301 ARPA - CDA Mental Health Services 06/2025 Services not yet performed 688,913 18103013 City Manager 221322 ARPA - CMO Food Distribution Program 06/2025 Services not yet performed 116,357 18110013 Finance 221362 ARPA - FMSA Guidehouse Accounting & Compliance Services 12/2025 ARPA compliance is contracted through December 2025 386,243 18118013 Community Development 221370 ARPA - CDA Downtown Santa Ana Security Services 03/2026 Contracted through March 2026 159,551 18111013 Library 221380 ARPA - LIBRARY Group 4 Architecture Services 04/2026 Contracted through April 2026 284,493 18117013 Public Works 221403 ARPA - PWA Focus Media Group - Bus Shelter 04/2025 Contracted through April 2025 115,466 Equipment 01211020 Library 241801 CANNABIS PUBLIC BENEFIT FUND Library Programs 06/2025 Ongoing book mobile and youth programs to be completed by FY 24-25 213,758 01214010 Police Department 234604 CANNABIS PUBLIC BENEFIT FUND PD Mobile Data Computer Equipment & Installation 10/2024 Agreement has been fully executed and purchase order was issued. Installation to be completed in October 2024. 163,568 10920149 Information Technology N/A INFORMATION TECHNOLOGY Photocopier Refresh 06/2025 To replace a portion of copier fleet; expected to be completed by June 2025. 54,130 10920149 Information Technology N/A INFORMATION TECHNOLOGY PC Refresh Program 06/2025 To replace a portion of computer equipment; expected to be completed by June 2025. 150,000 01214010 Police Department 234600 CANNABIS PUBLIC BENEFIT FUND Ford F550 Boom Truck 06/2025 Items not received with no current estimated arrival date 98,636 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND 2024 Chevrolet Equinox EV SUV 10/2024 Goods received. Pending invoice processing. 94,254 01211020 Library 221801 CANNABIS PUBLIC BENEFIT FUND Ford F-59 Chassis Book Mobile 06/2025 Services not yet performed 16,930 01214010 Police Department 234600 CANNABIS PUBLIC BENEFIT FUND GrayKey Unit Forensics Tool 10/2024 Item received; payment pending 601 02718131 Community Development N/A PARKING FUND 2024 Chevrolet Colorado Truck 10/2024 Item received; payment pending 50,674 02917620 Public Works 246720 SPECIAL GAS TAX Econolite Preassembled Cabinets 06/2025 Items not received with no current estimated arrival date 229,106 03116510 Planning & Building N/A AIR QUALITY IMPR. (AB 2766)2024 Chevrolet Blazer EV 10/2024 Goods received. Pending invoice processing. 107,000 03117101 Public Works N/A AIR QUALITY IMPR. (AB 2766)Rizon E18L EV Stake Bed Truck 07/2024 Item received; payment pending 217,588 03117101 Public Works N/A AIR QUALITY IMPR. (AB 2766)2024 Chevrolet Blazer EV 08/2024 Item received; payment pending 194,362 City Council 8 – 11 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 03117101 Public Works N/A AIR QUALITY IMPR. (AB 2766)2024 Ford Lightning EV Truck 01/2025 Item expected January 2025 148,287 03117101 Public Works 236479 AIR QUALITY IMPR. (AB 2766)Opal Fuels Station Services 12/2026 Contracted through December 2026 143,870 05617640 Public Works N/A SANITARY SEWER SERVICE Sewage Degreaser Supplies 10/2024 Items received; payment pending 3,205 05617640 Public Works N/A SANITARY SEWER SERVICE 2024 Ford F-650 Cement Truck 02/2025 Item expected February 2025 149,989 05617640 Public Works N/A SANITARY SEWER SERVICE Storage Containers 10/2024 Items received; payment pending 14,297 06017640 Public Works N/A WATER Ford F550 Boom Truck 06/2026 Item expected June 2026 89,838 06017646 Public Works N/A WATER 2023 Chevrolet Silverado 1500 10/2024 Item received; payment pending 61,389 06017641 Public Works N/A WATER Custom Saw Trailer 10/2024 Item received; payment pending 46,681 06017641 Public Works N/A WATER 2024 Ford F550XL Full-Size Truck 12/2024 Item expected December 2024 673,276 06017640 Public Works N/A WATER 10' Container W/ Roll Up Doors 10/2024 Items received; payment pending 5,911 06017640 Public Works N/A WATER 40' Container W/ Cargo Doors 10/2024 Items received; payment pending 48,625 06017641 Public Works N/A WATER 40' Container W/ Roll Up Doors 10/2024 Items received; payment pending 21,018 06017645 Public Works N/A WATER 10' Container W/ Roll Up Doors 10/2024 Items received; payment pending 5,859 06017646 Public Works N/A WATER 20' Container W/ Roll Up Doors 10/2024 Items received; payment pending 7,457 06917640 Public Works N/A REFUSE COLLECTION SERVICE 2024 Chevrolet Equinox 10/2024 Item received; payment pending 37,057 07017100 Public Works N/A EQUIPMENT REPLACEMENT 2024 Chevrolet Silverado 2500HD 10/2024 Item expected October 2024 658,710 07017100 Public Works N/A EQUIPMENT REPLACEMENT 2024 Chevrolet Equinox EV SUV 10/2024 Item received; payment pending 188,506 07017100 Public Works N/A EQUIPMENT REPLACEMENT 2024 Ford Super Duty F-550 DRW 06/2025 Item not received with no current estimated arrival date 180,647 07017100 Public Works N/A EQUIPMENT REPLACEMENT 2025 Ford Interceptor SUV 12/2024 Item expected December 2024 849,506 07017100 Public Works N/A EQUIPMENT REPLACEMENT Ford Interceptor Utility SUV 12/2024 Item expected December 2024 1,040,647 07017100 Public Works N/A EQUIPMENT REPLACEMENT 2024 Chevrolet Silverado Truck 10/2024 Item received; payment pending 100,522 07017100 Public Works N/A EQUIPMENT REPLACEMENT Toro GTX Electric Cart 11/2024 Item expected November 2024 81,165 12218715 Community Development 217751 EMERGENCY AND HEALTH GRANTS 2024 Ford F-150 Police Responder 06/2025 Item not received with no current estimated arrival date 58,399 14018760 Community Development N/A HOUSING AUTHORITY- VOUCHER ADM 2024 Chevrolet Blazer EV 10/2024 Item received; payment pending 129,575 Construction Projects 01211020 Library 221802 CANNABIS PUBLIC BENEFIT FUND Newhope Library Renovation 12/2025 Active; Design Complete; Construction Phase to begin March 2025; Construction management, moving services, construction contingency, furniture for Newhope Library Renovation 1,530,343 01211020 Library 221380 CANNABIS PUBLIC BENEFIT FUND Main Library Renovation 12/2026 Active; Construction Phase; Construction contignency for the Main Library Renovation 1,401,776 01211020 Library 221382 CANNABIS PUBLIC BENEFIT FUND Delhi Library Branch 12/2026 Active; Design Complete; Construction Phase to begin September 2024; Construction contingency for Delhi Library Branch 474,830 City Council 8 – 12 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 01213020 Parks & Recreation 182681 CANNABIS PUBLIC BENEFIT FUND Centennial Park-Lake Renovation 10/2024 In Progress-Construction-90% Complete- October 2024 2,045,131 01213020 Parks & Recreation 20250x CANNABIS PUBLIC BENEFIT FUND Construction of Splash Pads 06/2025 In Progress-Award of Madison Park Splash Pad expected for October. Design of remaining locations 95% Complete. 6,435,621 01213020 Parks & Recreation 202730 CANNABIS PUBLIC BENEFIT FUND Ed Caruthers Park-Construction Of New Park 09/2024 Complete-Pending Final Payment 11,961 01213020 Parks & Recreation 212744 CANNABIS PUBLIC BENEFIT FUND Santa Ana Zoo-Construction Of Goat Encounters 09/2024 Complete-Pending Final Payment 19,353 01213020 Parks & Recreation 212745 CANNABIS PUBLIC BENEFIT FUND Santa Anita Park-Construction Of New Soccer Field 03/2025 In Progress-Pending Completion of Community Center; est. cmpl March 2025 393,850 01213020 Parks & Recreation 221415 CANNABIS PUBLIC BENEFIT FUND Memorial Park-Construction Of New Aquatic Facilities 10/2026 In Progress-Pending Contract Award for October 2024-Est Cmpl October 2026 3,260,000 01213020 Parks & Recreation 222508 CANNABIS PUBLIC BENEFIT FUND Santa Ana Zoo-Construction Of New North Wall 06/2025 In Progress-In Design and expecting to issue an Invitation for Bid in November 2024-Est Cmpl June 2025 57,209 01213020 Parks & Recreation 222766 CANNABIS PUBLIC BENEFIT FUND Centennial Park-Installation Of New Synthetic Turf 09/2024 Complete-Pending Final Payment 121,464 01213020 Parks & Recreation 222768 CANNABIS PUBLIC BENEFIT FUND Jerome Park-Installation Of New Irrigation 11/2024 In Progress-Construction-95% Complete-Est Cmpl November 2024 78,495 01213020 Parks & Recreation 232601 CANNABIS PUBLIC BENEFIT FUND Santa Ana Zoo-Construction Of New Zoo Educational Hub Building 12/2025 In Progress; Submitted plans for review-Bid Scheduled for December 2024.-Est Cmpl December 2025 689,128 01213020 Parks & Recreation 232602 CANNABIS PUBLIC BENEFIT FUND Thornton Park-Construction Of New Playground 12/2024 In Progress-Construction-50% complete-Est Cmpl December 2024 191,017 01213020 Parks & Recreation 222766 CANNABIS PUBLIC BENEFIT FUND Synthetic Field Turf 06/2025 Item not received with no current estimated arrival date 121,263 01213020 Parks & Recreation 212745 CANNABIS PUBLIC BENEFIT FUND Synthetic Field Turf 06/2025 Item not received with no current estimated arrival date 28,430 01213020 Parks & Recreation 232602 CANNABIS PUBLIC BENEFIT FUND Barrier Free Park Installation 06/2025 Item not received with no current estimated arrival date 39,234 01216010 Planning & Building 245005 CANNABIS PUBLIC BENEFIT FUND Code Enforcement Ross Annex First Floor Remodel 06/2025 Construction Bid closes September 2024. In progress - estimated completion date is June 2025. 102,000 02213200 Parks & Recreation 212744 Fees & Donations Santa Ana Zoo-Construction Of Goat Encounters 09/2024 Complete-Pending Final Payment 3,076 02213200 Parks & Recreation 232603 Fees & Donations Santiago Park-Renovation Of Lawn Bowling Center 06/2025 In Progress-Additional work to be completed-50% complete-Est Cmpl June 2025 91,067 02917660 Public Works 226970 ROADWAY MAINTENANCE Omnibus Concrete Program FY21/22 09/2025 Ongoing; Project Balance Available 74,639 03117101 Public Works 236070 AIR QUALITY IMPR. (AB 2766)Electric Vehicles: Charging Stations 05/2027 In Progress - Project is continuous as EV sites are identified and EV charging stations are installed. 143,020 03217662 Public Works 146802 MEASURE M-STREET CONSTRUCTION Warner Ave Widening: Main-Oak Phase I 01/2025 90% Construction (1,955) 03217662 Public Works 176802 MEASURE M-STREET CONSTRUCTION Lincoln Pedestrian Trail 12/2024 99% Construction 43,028 03217662 Public Works 176889 MEASURE M-STREET CONSTRUCTION Fairview Traffic Signal Synchronization 10/2024 Construction Complete, Pending Final Pymt, City of Costa Mesa Led project 56,614 03217662 Public Works 176894 MEASURE M-STREET CONSTRUCTION Euclid St & Hazard Ave Traffic Signal Modification 06/2025 Project Complete; Project Balance Available 7,936 03217662 Public Works 186912 MEASURE M-STREET CONSTRUCTION Bike Racks Throughout City 06/2025 Ongoing 127,800 03217662 Public Works 186913 MEASURE M-STREET CONSTRUCTION Bear St Traffic Signal Modification 12/2024 Construction Complete, Pending Final Pymt, City of Costa Mesa Led project 4,480 03217662 Public Works 186918 MEASURE M-STREET CONSTRUCTION Main St & 15th St Traffic Sign 06/2022 Project Complete; Project Balance Available 13,516 03217662 Public Works 196923 MEASURE M-STREET CONSTRUCTION Mcfadden Rehab Fairview to Raitt 06/2028 90% Design 1,004,536 03217662 Public Works 206899 MEASURE M-STREET CONSTRUCTION Project Development FY21/22 07/2022 Project Complete; Project Balance Available (3,160) 03217662 Public Works 206959 MEASURE M-STREET CONSTRUCTION Main St Slurry Seal & Resurfacing 06/2028 60% Design 385,824 03217662 Public Works 206960 MEASURE M-STREET CONSTRUCTION Bedford Rehab: Main Place to City Limit 06/2028 60% Design 40,000 03217662 Public Works 206963 MEASURE M-STREET CONSTRUCTION Safe Routes to Schools: Kennedy & Villa 10/2024 84% Construction 238,049 03217662 Public Works 206967 MEASURE M-STREET CONSTRUCTION Edinger Ave Traffic Signal Synchronization 06/2026 Construction, 50% complete, OCTA led Project 100,000 03217662 Public Works 206968 MEASURE M-STREET CONSTRUCTION Warner Ave Traffic Signal Synchronization 06/2025 Construction, 99% complete, OCTA led Project 100,000 City Council 8 – 13 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 03217662 Public Works 206969 MEASURE M-STREET CONSTRUCTION MacArthur Blvd Traffic Signal Synchronization 06/2025 Construction, 80 complete, OCTA led Project 100,000 03217662 Public Works 216982 MEASURE M-STREET CONSTRUCTION Segerstrom Ave & Dyer Rd Traffic Signal Synchronization 06/2026 Construction, 75% complete, City of Irvine led Project 245,768 03217662 Public Works 216983 MEASURE M-STREET CONSTRUCTION Tustin Ave Traffic Signal Synchronization 06/2026 Construction, 80% complete, City of Orange led Project 92,404 03217662 Public Works 226898 MEASURE M-STREET CONSTRUCTION FY21/22 Pavement Management 06/2022 Ongoing; Project Balance Available 51,871 03217662 Public Works 226899 MEASURE M-STREET CONSTRUCTION Project Development FY21/22 06/2025 Complete; Project Balance Available for Appropriation (18,433) 03217662 Public Works 226900 MEASURE M-STREET CONSTRUCTION Right Of Way Management FY21/22 06/2025 Complete; Project Balance Available for Appropriation (2,938) 03217662 Public Works 226993 MEASURE M-STREET CONSTRUCTION First St Corridor Traffic Signal Synchronization 09/2024 Construction, 75% complete, OCTA led Project 339,849 03217662 Public Works 236898 MEASURE M-STREET CONSTRUCTION FY22/23 Pavement Management 09/2024 Ongoing; Project Balance Available 846 03217662 Public Works 236900 MEASURE M-STREET CONSTRUCTION Right Of Way Management FY22/23 09/2024 Ongoing; Project Balance Available 670 03217662 Public Works 236904 MEASURE M-STREET CONSTRUCTION Bike Lane Project Development FY22/23 09/2025 Ongoing project 48,162 03217662 Public Works 236997 MEASURE M-STREET CONSTRUCTION Santa Clara Ave Bike Lane: Lincoln to Tustin 09/2025 98% Construction 96,029 03217662 Public Works 236700 MEASURE M-STREET CONSTRUCTION Grand Ave Rehab: Edinger to McFadden 06/2028 10% Design 1,153,408 03217662 Public Works 236721 MEASURE M-STREET CONSTRUCTION Euclid St Corridor Traffic Signal Synchronization 09/2025 Design, 80% complete, City of La Habra Led project 120,000 03217662 Public Works 236897 MEASURE M-STREET CONSTRUCTION Traffic Management Plans FY22/23 09/2025 On-going project 18,638 03217662 Public Works 236905 MEASURE M-STREET CONSTRUCTION Traffic Safety Project Development FY22/23 09/2025 On-going project 50,000 03217662 Public Works 246700 MEASURE M-STREET CONSTRUCTION Residential Street Repair: Heninger Park 07/2026 Construction phase to be completed by September 2024 286,271 03217662 Public Works 246898 MEASURE M-STREET CONSTRUCTION Pavement Management 09/2025 Project complete. Balance available. 135,666 03217662 Public Works 246899 MEASURE M-STREET CONSTRUCTION Project Development 09/2025 Ongoing; Project Balance Available 39,339 03217662 Public Works 246900 MEASURE M-STREET CONSTRUCTION Right-Of-Way Management 09/2025 Project complete. Balance available. 155,136 03217662 Public Works 246907 MEASURE M-STREET CONSTRUCTION Local Street Preventative Maintenance 10/2024 Ongoing project 3,280,907 03217662 Public Works 156827 MEASURE M-STREET CONSTRUCTION Fairview Bridge & Street Improvements 07/2027 5% Design 470,042 03217662 Public Works 186901 MEASURE M-STREET CONSTRUCTION Warner Ave Improvements Phase II- Oak To Grand 06/2028 90% Design 1,287,170 03217662 Public Works 246916 MEASURE M-STREET CONSTRUCTION Bristol St Protected Bike Lanes - 1St To Civic Center 07/2027 Project Complete; Project Balance Available 17,110 03217662 Public Works 116741 MEASURE M-STREET CONSTRUCTION Bristol St Protected Bike Lanes - St. Andrew To Edinger 06/2026 Design Complete; 0% Construction 11,380 03217662 Public Works 206971 MEASURE M-STREET CONSTRUCTION Warner Ave Protected Bike Lanes - Oak To Grand 06/2027 Ongoing project 313,260 03217662 Public Works 246904 MEASURE M-STREET CONSTRUCTION Bike Lane Project Development 09/2026 Ongoing project 80,000 03217662 Public Works 246897 MEASURE M-STREET CONSTRUCTION Traffic Management Plans 09/2026 Project complete. Balance available. 50,000 03217662 Public Works 246905 MEASURE M-STREET CONSTRUCTION Traffic Safety Project Development 09/2026 Ongoing project 50,000 03217662 Public Works 246914 MEASURE M-STREET CONSTRUCTION Traffic Signal Equipment Replacement 09/2026 Design Ongoing 100,000 03217663 Public Works 136792 MEASURE M-STREET CONSTRUCTION Bristol Widening: Civic Center To Washington Phase III A 07/2027 Design Complete; 0% Construction 5,434,958 03217663 Public Works 116741 MEASURE M-STREET CONSTRUCTION Bristol Widening: Warner To St Andrew Phase IV 06/2026 Design Complete; 0% Construction 12,230,549 03217663 Public Works 146802 MEASURE M-STREET CONSTRUCTION Warner Ave Widening: Main To Oak Phase I 01/2025 90% Construction 1,892,144 03217663 Public Works 156827 MEASURE M-STREET CONSTRUCTION Fairview Bridge & Street Improvements 07/2027 5% Design 3,775,259 03217663 Public Works 176883 MEASURE M-STREET CONSTRUCTION Bristol St & Memory Lane Intersection Widening 06/2028 50% Design 1,709,930 City Council 8 – 14 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 03217663 Public Works 186901 MEASURE M-STREET CONSTRUCTION Warner Ave Imprv Ph2-Oak-Grand 06/2028 90% Design 13,085,452 03217663 Public Works 226999 MEASURE M-STREET CONSTRUCTION Project W Bus Shelter 06/2025 85% Construction 110,981 03217663 Public Works 236701 MEASURE M-STREET CONSTRUCTION Fairview St Imps 17Th To Trask 06/2028 Ongoing Design 653,432 03217664 Public Works 176766 MEASURE M-STREET CONSTRUCTION OC Streetcar 12/2025 Ongoing project 648,907 03417660 Public Works 146802 New Transpo Sys Impr Area E Warner Ave Wdng:Main-Oak Ph I 09/2024 90% Construction 209,899 03417660 Public Works 206971 New Transpo Sys Impr Area E Warner Protect Bk Ln:Oak-Grand 07/2024 95% Design 8,793 03517660 Public Works 116741 New Transpo Sys Impr Area F Bristol Widening - Warner To St Andrew Phase IV 06/2026 Design Complete; 0% Construction 530,056 03517660 Public Works 136792 New Transpo Sys Impr Area F Bristol Widening - Civic Center To Washington 06/2025 Design Complete; 0% Construction 333,850 03517660 Public Works 156827 New Transpo Sys Impr Area F Fairview Brdge & Street Imprv 03/2024 5% Design 826 03517660 Public Works 176883 New Transpo Sys Impr Area F Bristol St&Memory Ln Inter Wid 06/2025 50% Design 20,603 05117620 Public Works 186065 General Fund - STREETLIGHTS Streetlight Acq & Upgr Proj 06/2025 Completed in July 2023; carryfoward for project budget reallcoation 1,268,870 05105015 Public Works 236069 Non-Departmental Ada Transition Plan 06/2026 Currently conducting site assessments for ADA compliance 63,980 05113263 Parks & Recreation 152646 Capital Outlay Sasser Park-Various Park Improvements 09/2024 Complete-Fountain repair completed-Pending final payment 36,840 05113263 Parks & Recreation 202709 Capital Outlay Adams Park-Various Park Improvements 06/2025 Complete-Pending Final Payment 49,700 05113263 Parks & Recreation 222755 Capital Outlay Centennial Park-Construction Of New Dog Park 08/2025 In Progress-In Design. Design work is 60% complete-Est Cmpl August 2025 400,042 05113263 Parks & Recreation 232604 Capital Outlay Santa Ana Stadium-Installation Of Additional Lights 09/2024 Complete-Pending Final Payment 25,508 05113263 Parks & Recreation 236999 Capital Outlay Santa Ana Zoo - Renovation of Intersection 01/2027 In Progress-10% Complete-Est Cmpl January 2027 25,000 05113263 Parks & Recreation 242600 Capital Outlay Prcsa-Deferred Maintenance Funding 06/2025 In Progress-on going use of funds for deferred maintenance improvements until depleted 399,809 05417647 Public Works 063510 SANITARY SEWER CAPITAL Segerstrom/San Lorenzo S Lift 06/2025 Construction 100%. Currently in litigation 81,518 05417647 Public Works 166466 SANITARY SEWER CAPITAL Willard Nh Sewer Main Improv 06/2027 Active, Construction, 90% complete 399,272 05417647 Public Works 176471 SANITARY SEWER CAPITAL Sewer Lateral Bristol Phase 3A 09/2024 Active, Design 100% Complete 888,893 05417647 Public Works 186498 SANITARY SEWER CAPITAL Washngtn Square Sewer Main Imp 09/2025 On Hold, Design, 100% complete 1,403,609 05417647 Public Works 196430 SANITARY SEWER CAPITAL Wright St Sewer Main Improve 09/2024 Active, Design, 90% complete 2,977,181 05417647 Public Works 196497 SANITARY SEWER CAPITAL Sa Memorl Nghbrhd Swr Main Imp 09/2025 Active, Design, 30% complete 335,175 05417647 Public Works 216447 SANITARY SEWER CAPITAL Rene Dr Sewer Improvements 09/2025 Active, Design,30% complete 75,809 05417647 Public Works 216448 SANITARY SEWER CAPITAL Bristol-Warner Nh Sewer Improv 09/2025 Active Design, 10% complete 97,528 05417647 Public Works 216449 SANITARY SEWER CAPITAL Fairhaven Nh Sewer Imp 09/2025 Active Design, 0% complete 299,831 05417647 Public Works 216450 SANITARY SEWER CAPITAL Casa Bonita Nh Sewer Improv 09/2025 Active Design, 10% complete 177,861 05417647 Public Works 216451 SANITARY SEWER CAPITAL South Main St Sewer Impr 09/2024 Active, Construction, 100% complete, Pending As-builts 32,999 05417647 Public Works 216619 SANITARY SEWER CAPITAL Ne Annexation Sewer Impr 09/2024 85% Complete 2,426,527 05417647 Public Works 226620 SANITARY SEWER CAPITAL Lincoln Ave Sewer Main Impr 09/2024 Active, Construction, 99% complete 51,705 05517660 Public Works 063510 SEWER CONNECTION PROJECTS Segerstrom/San Lorenzo S Lift 06/2027 Active, Construction, 95% complete 336,081 05517660 Public Works 196430 SEWER CONNECTION PROJECTS Wright St Sewer Main Improve 09/2024 Active, Design, 90% complete 798,296 05517660 Public Works 216447 SEWER CONNECTION PROJECTS Rene Dr Sewer Improvements 09/2025 Active, Design, 30% complete 590,000 City Council 8 – 15 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 05517660 Public Works 216619 SEWER CONNECTION PROJECTS Northeast Annexation Sewer Improvements 09/2025 Active, Bidding in progress 1,031,325 05517660 Public Works 236601 SEWER CONNECTION PROJECTS Hazard Ave Sewer Improvements 09/2025 Active, Design, 90% complete 300,000 05517660 Public Works 236602 SEWER CONNECTION PROJECTS Maxine Sewer Lift Station Imps 09/2025 On Hold, Planning 100,000 05717640 Public Works 226469 FED CLEAN WATER PROTECTION ENT Stormwater Channel Fencing 06/2025 Active, Construction, 70% complete 39,353 05717640 Public Works 226622 FED CLEAN WATER PROTECTION ENT Downtown Santa Ana Flood Reduction & Stormwater Infiltration 12/2024 Active, Construction, 0% complete 571,628 05717640 Public Works 236458 FED CLEAN WATER PROTECTION ENT Fiscal Year 22/23 Stormdrain Repairs 10/2024 Active, Project out to bid, 0% complete 98,457 05717640 Public Works 236482 FED CLEAN WATER PROTECTION ENT Repair Culvert St Gert & Ornge 06/2025 Active, Construction, 0% complete 36,258 05717640 Public Works 236625 FED CLEAN WATER PROTECTION ENT King Street Urban Greening Project 10/2024 Active, Construction, 95% complete. Processing final Prog Pay. 176,113 05817660 Public Works 236907 RESIDENTIAL STREET IMPROVEMENT Local Street Preventative Maintenance FY22/23 09/2025 Construction 98% Complete. 6,162 05817660 Public Works 246918 RESIDENTIAL STREET IMPROVEMENT Glenwood Place Street Imps 11/2025 Project Ongoing. 9,000 05817660 Public Works 196948 RESIDENTIAL STREET IMPROVEMENT W Willits Protected Bike Lanes 09/2024 Construction 98% Complete. 5,000 05917660 Public Works 116741 SELECT STREET CONSTRUCTION Bristol Widening: Warner To St Andrew Phase IV 06/2026 Design Complete; 0% Construction 88,000 05917660 Public Works 136792 SELECT STREET CONSTRUCTION Bristol Widening: Civic Center To Washington Phase III A 07/2027 Design Complete; 0% Construction 793,760 05917660 Public Works 146802 SELECT STREET CONSTRUCTION Warner Ave Wdng:Main-Oak Ph I 01/2025 90% Construction 1,602,654 05917660 Public Works 156825 SELECT STREET CONSTRUCTION Westminster Rehab: Harbor To Clinton 06/2025 98% Construction 35,139 05917660 Public Works 156827 SELECT STREET CONSTRUCTION Fairview Brdge & Street Imprv 12/2024 5% Design 50,325 05917660 Public Works 176766 SELECT STREET CONSTRUCTION OC Streetcar 12/2025 80% Construction 205,775 05917660 Public Works 176881 SELECT STREET CONSTRUCTION Fairview St Rehab: Segerstrom To North City Limits 06/2025 Ongoing 312 05917660 Public Works 186902 SELECT STREET CONSTRUCTION Westminster Rehab: Clinton To Fairview 06/2025 Ongoing Design 102,720 05917660 Public Works 186903 SELECT STREET CONSTRUCTION Hazard Ave Protected Bike Lane 06/2025 Ongoing Design 111,868 05917660 Public Works 186906 SELECT STREET CONSTRUCTION Bristol & Edinger Class II Bike Lanes 06/2024 Project Complete; Project Balance Available 70,474 05917660 Public Works 186908 SELECT STREET CONSTRUCTION Bristol St Protected Bike Lanes - Edinger To 1st 09/2024 99% Construction 1,699 05917660 Public Works 206971 SELECT STREET CONSTRUCTION Warner Ave Protected Bike Lanes - Oak To Grand 06/2027 Ongoing 1,022,289 05917660 Public Works 186912 SELECT STREET CONSTRUCTION Bike Racks Throughout City 06/2025 Ongoing 8,605 05917660 Public Works 236997 SELECT STREET CONSTRUCTION Santa Clara Ave Bike Lane- Lincoln To Tustin 09/2025 98% Construction 160,224 05917660 Public Works 246985 SELECT STREET CONSTRUCTION Bus Stop Improvements 06/2025 Advertised inviting bids April 2024 396,955 05917660 Public Works 226999 SELECT STREET CONSTRUCTION Project W Bus Shelter 06/2025 85% Construction 114,000 05917660 Public Works 226989 SELECT STREET CONSTRUCTION Westminster Rehab: Newhope To Harbor 09/2024 Construction phase 50% complete 488,453 05917660 Public Works 246710 SELECT STREET CONSTRUCTION North East Annexation Imps 11/2027 Construction phase 60% complete 711,814 05917660 Public Works 246916 SELECT STREET CONSTRUCTION Bristol St Bike Lanes: 1st to Civic Center 06/2026 Project Complete; Project Balance Available 125,000 05917661 Public Works 116741 SELECT STREET CONSTRUCTION Bristol Widening: Warner To St Andrew Phase IV 06/2026 Design Complete; 0% Construction 267,874 05917661 Public Works 136792 SELECT STREET CONSTRUCTION Bristol Widening: Civic Center To Washington Phase III A 07/2027 Design Complete; 0% Construction 45,129 05917661 Public Works 176887 SELECT STREET CONSTRUCTION Bristol Corridor Right of Way General Property Management 06/2025 95% Design (14,048) 05917661 Public Works N/A SELECT STREET CONSTRUCTION Bristol Corridor Improvement - Warner & 17th 06/2025 PWA will go to Council for funding appropriation and assign a project#. 550,000 City Council 8 – 16 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 05917661 Public Works N/A SELECT STREET CONSTRUCTION Bristol Corridor Improvement - Warner & 17th 06/2025 PWA will go to Council for funding appropriation and assign a project#. 1,175,622 05917661 Public Works N/A SELECT STREET CONSTRUCTION Bristol Corridor Improvement - Warner & 17th 06/2025 PWA will go to Council for funding appropriation and assign a project#. 4,123,966 05917661 Public Works N/A SELECT STREET CONSTRUCTION Bristol Corridor Improvement - Warner & 17th 06/2025 PWA will go to Council for funding appropriation and assign a project#. 129,246 05917661 Public Works N/A SELECT STREET CONSTRUCTION Bristol Corridor Improvement - Warner & 17th 06/2025 PWA will go to Council for funding appropriation and assign a project#. 250,000 05917661 Public Works N/A SELECT STREET CONSTRUCTION Land Transfer to Expand City's Parks 06/2025 PWA will go to Council for funding appropriation and assign a project#. 91,304 05917663 Public Works 116741 SELECT STREET CONSTRUCTION Bristol Widening: Warner To St Andrew Phase IV 06/2026 Design Complete; 0% Construction 679,881 05917663 Public Works 136792 SELECT STREET CONSTRUCTION Bristol Widening: Civic Center To Washington Phase III A 07/2027 Design Complete; 0% Construction 1,861,450 05917663 Public Works 156827 SELECT STREET CONSTRUCTION Fairview Bridge & Street Improvements 12/2024 5% Design (14,964) 05917663 Public Works 216986 SELECT STREET CONSTRUCTION Bridge Peventative Maint Prog 06/2024 Ongoing, Project Balance Available 32,000 05917663 Public Works 226989 SELECT STREET CONSTRUCTION Westminster Rehab: Newhope-Harbor 09/2024 99% Construction 6,636 05917663 Public Works 176883 SELECT STREET CONSTRUCTION Bristol St & Memory Lane Intersection Widening 06/2025 50% Design 400,000 05917663 Public Works 236702 SELECT STREET CONSTRUCTION Grand Ave Rehab - Mcfadden-1St 09/2025 Design Complete; 0% Construction 452 05917663 Public Works 236701 SELECT STREET CONSTRUCTION Fairview St Imps 17Th To Trask 06/2028 Ongoing Design 24,917 05917663 Public Works 236708 SELECT STREET CONSTRUCTION Santiago Creek Ped Bridge Impr 09/2025 Ongoing Design 740,000 05917663 Public Works 236722 SELECT STREET CONSTRUCTION Residential Street Repair FYE 23 09/2025 Ongoing 200,000 05917664 Public Works 246701 SELECT STREET CONSTRUCTION Industrial St Repair Pro 23/24 06/2026 Ongoing Design 2,407,200 05917665 Public Works 146802 SELECT STREET CONSTRUCTION Warner Ave Widening:Main-Oak Ph I 01/2025 90% Construction 42,652 05917665 Public Works 186901 SELECT STREET CONSTRUCTION Warner Ave Imprv Ph2-Oak-Grand 06/2028 90% Design 500,000 05917665 Public Works 196921 SELECT STREET CONSTRUCTION First St Slurry & Resurfacing 09/2024 Ongoing Design 20,197 05917665 Public Works 196923 SELECT STREET CONSTRUCTION Mcfadden Rehb Fairview - Raitt 06/2028 90% Design 37,380 05917665 Public Works 196945 SELECT STREET CONSTRUCTION Raitt Slurry & Resurfacing: Edinger-Mcfadden 09/2024 Ongoing Design 81,101 05917665 Public Works 196947 SELECT STREET CONSTRUCTION Raitt St Rehab: Mcfadden To Civic Center 06/2025 Ongoing Design 903,228 05917665 Public Works 206953 SELECT STREET CONSTRUCTION Macarthur Rehab: Sariver-Harbor 07/01/205 Ongoing Design 10,415 05917665 Public Works 206954 SELECT STREET CONSTRUCTION Euclid St Rehab: Mcfadden To1St 07/2026 90% Design 804,828 05917665 Public Works 206955 SELECT STREET CONSTRUCTION Euclid St Rehab: 1St To Hazard 06/2025 90% Design 226,236 05917665 Public Works 206958 SELECT STREET CONSTRUCTION Main St Rehab: Warner-Edinger 06/2025 Ongoing Design 90,264 05917665 Public Works 206961 SELECT STREET CONSTRUCTION Euclid Rehab: City Limit-Mcfadden 07/2027 90% Design 1,043,113 05917665 Public Works 206964 SELECT STREET CONSTRUCTION Safe Routes to Schools: Fremont & Spurgeon 07/2026 Construction phase in progress 1,586,507 05917665 Public Works 216975 SELECT STREET CONSTRUCTION Alton Ave Rahab: Main-Standard 06/2025 99% Construction 321,900 05917665 Public Works 216977 SELECT STREET CONSTRUCTION Mcarthur Rehab: Fairvew-Raitt 07/2025 Ongoing Design 820,408 05917665 Public Works 216978 SELECT STREET CONSTRUCTION Fairview A Rehab: City Limit-Seger 09/2025 Ongoing Design 2,405,122 05917665 Public Works 216979 SELECT STREET CONSTRUCTION 17th St Rehab: Bristol-Flower 07/2025 95% Construction 225,634 05917665 Public Works 216980 SELECT STREET CONSTRUCTION 17th St Rehab:Fairview-Bristol 09/2025 Ongoing Design 285,843 05917665 Public Works 226990 SELECT STREET CONSTRUCTION Bristol St Rehab: Santa Clara-Memory 09/2024 Design complete; construction to begin Fall 2024 1,504,110 City Council 8 – 17 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 05917665 Public Works 226987 SELECT STREET CONSTRUCTION Grand Ave Rehab: Warner-Edinger 09/2024 5% Construction 116,875 05917665 Public Works 226988 SELECT STREET CONSTRUCTION Main St Rehab: MacArthur-Dyer 09/2024 99% Construction 56,064 05917665 Public Works 226989 SELECT STREET CONSTRUCTION Westminster Rehab: Newhope-Harbor 09/2024 99% Construction 386,799 05917665 Public Works 236702 SELECT STREET CONSTRUCTION Grand Ave Rehab: McFadden-1st 09/2025 Design Complete; 0% Construction 518,120 05917665 Public Works 236704 SELECT STREET CONSTRUCTION 1st St Rehab: Grand-Tustin 09/2025 Ongoing Design 843,041 05917665 Public Works 236705 SELECT STREET CONSTRUCTION Mcfadden Rehab: Harbor-Fairview 09/2025 90% Design 848,483 05917665 Public Works 236706 SELECT STREET CONSTRUCTION Mcfadden Rehab: Raitt To Grand 09/2025 90% Design 2,509,550 05917665 Public Works 236707 SELECT STREET CONSTRUCTION Standard Ave Rehab: 1st-Warner 09/2025 95% Design 1,900,000 05917667 Public Works 176893 SELECT STREET CONSTRUCTION Warner Ave & Flower Intersection Improvements 07/2025 Ongoing Design 5,555 05917667 Public Works 186922 SELECT STREET CONSTRUCTION Citywide Bike Lane Stripng & Maintenance 06/2025 Ongoing Design 29,357 05917668 Public Works 186901 SELECT STREET CONSTRUCTION Warner Ave Improvements Ph2: Oak-Grand 06/2028 90% Design 1,937,489 06017645 Public Works 166460 WATER Advanced Meter Infrastructure (Non-Loan)06/2025 Active, 70% complete 344,130 06617647 Public Works 116413 ACQUISITION & CONSTRUCTION Sa-5 Vault Modifications 09/2024 Active, Construction, 95% complete 323,844 06617647 Public Works 136433 ACQUISITION & CONSTRUCTION Well 32 Rehab (Non-Loan)07/2025 Active, Construction, 60% complete 1,322,500 06617647 Public Works 136433 ACQUISITION & CONSTRUCTION Well 32 Rehab (Srf Loan)07/2025 Active, Construction, 60% complete 7,378,650 06617647 Public Works 156445 ACQUISITION & CONSTRUCTION Bristol Phase 3A Water 09/2025 Active, Construction, Starts Fall 2024 800,143 06617647 Public Works 156446 ACQUISITION & CONSTRUCTION Grand & St Gertrude Water Imp 09/2024 Active, Construction, 100% complete, Pending final payment 706,955 06617647 Public Works 166460 ACQUISITION & CONSTRUCTION Advanced Meter Infrastructure (Non-Loan)06/2025 Active, 70% complete 406,516 06617647 Public Works 186424 ACQUISITION & CONSTRUCTION Advanced Meter Infrastructure (SRF Loan)12/2025 Active, Construction, 85% complete 960,910 06617647 Public Works 186491 ACQUISITION & CONSTRUCTION Warner Ave Widening Water Maintenance Improvements 03/2026 Active, Construction, 90% complete 3,288,892 06617647 Public Works 196423 ACQUISITION & CONSTRUCTION Grand Ave Water Maintenance Improvements 09/2025 Active, Construction, 90% complete 1,138,277 06617647 Public Works 196429 ACQUISITION & CONSTRUCTION Well 29 Improvements 06/2025 Active, Design, 100% complete (700,000) 06617647 Public Works 196433 ACQUISITION & CONSTRUCTION Washington Well Site Improvements 06/2025 Active, Design, 90% Complete (410,015) 06617647 Public Works 196438 ACQUISITION & CONSTRUCTION French Park Neighborhood Water Improvements 09/2025 Active, Design, 30% complete 955,828 06617647 Public Works 196439 ACQUISITION & CONSTRUCTION Lacy Neighborhood Water Improvements 09/2025 Active, Construction, 75% complete 864,239 06617647 Public Works 196440 ACQUISITION & CONSTRUCTION Fisher Park Neighborhood Water Improvements 09/2025 Active, Construction, 95% complete 715,737 06617647 Public Works 196496 ACQUISITION & CONSTRUCTION East Station Security Improvements 06/2025 Active, Design, 30% complete (314,253) 06617647 Public Works 196499 ACQUISITION & CONSTRUCTION Ritchey St Water Main Relocation (OCTA)09/2025 Active, Design, 100% complete, begin construction Winter 2024 518,853 06617647 Public Works 216453 ACQUISITION & CONSTRUCTION SA-7 Pressure Reducing Relocation (OCTA)09/2024 Active, Construction, 95% complete 1,251,529 06617647 Public Works 216461 ACQUISITION & CONSTRUCTION SR-55 Water Main Relocation (OCTA)09/2024 Active, Construction, 95% complete 73,538 06617647 Public Works 216462 ACQUISITION & CONSTRUCTION SA-2 Vault Improvements 09/2026 Active, Design, 60% Complete (250,000) 06617647 Public Works 226468 ACQUISITION & CONSTRUCTION Bristol Wtr Main Imp-Phase4 09/2024 Project complete; remaining balance to be reconciled. 56,380 06617647 Public Works 226470 ACQUISITION & CONSTRUCTION Warner Main Imp Bristol-Oak 12/2024 Active, Construction, 70% complete 1,000,000 06617647 Public Works 226474 ACQUISITION & CONSTRUCTION Cambridge Pump Station Impr 06/2025 Active Design, 0% complete 20,906 City Council 8 – 18 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 06617647 Public Works 236476 ACQUISITION & CONSTRUCTION Ne Annexation Septic Sewer Imp 06/2027 Active, Bidding, Bid due August 2024 99,300 06717650 Public Works 246058 REGIONAL TRANSP CENTER SARTC Outdoor Fountain Renovation 12/2024 In Progress; Completion Date December 2024 480,000 06717650 Public Works 246060 REGIONAL TRANSP CENTER SARTC Exterior Painting 12/2024 In Progress; Completion Date December 2024 969,426 06717650 Public Works 246061 REGIONAL TRANSP CENTER SARTC Fencing 12/2024 In Progress; Completion Date December 2024 322,249 06817641 Public Works 236481 PUB WKS-ROADWAY CLEANING Workspace Restoration Remodel 06/2025 In Progress; Completion Date June 2025 109,546 10920149 Information Technology 221201 INFORMATION TECHNOLOGY IT - 2nd Floor Remodel 12/2024 Remodel is in the final phase and expected to be completed by December 2024. 214,170 12015330 Fire & EMS 236626 FIRE FACILITIES FUND Fire Facilities Bldg Rep/Imps 01/2026 Project in progress for multiple building improvements. 1,377,600 12015330 Fire & EMS 246053 FIRE FACILITIES FUND Fire Station 74 Storage Tank 11/2026 Design Phase 1,185,900 13518783 Community Development 237537 COMMUNITY DEV BLOCK GRANT/ESG Sidewalk Improvement 12/2024 Grant Year 2021; Active in Construction Engineering phase 75,049 13518783 Community Development 237539 COMMUNITY DEV BLOCK GRANT/ESG Active Transp Safety Imp-Warner 06/2025 Grant Year 2020; Active in Design phase 506,072 13518783 Community Development 237540 COMMUNITY DEV BLOCK GRANT/ESG Newhope Library Ada & Facility Imp 11/2025 Grant Year 2018; Active; Design Phase Complete; Construction Phase to begin March 2025; Windows/Roof Replacement (2/2022-11/2025) 31,222 13518783 Community Development 237540 COMMUNITY DEV BLOCK GRANT/ESG Newhope Library Ada & Facility Imp 11/2025 Grant Year 2019; Active; Design Phase Complete; Construction Phase to begin March 2025; Windows/Roof Replacement (2/2022-11/2025) 375,653 13518783 Community Development 237540 COMMUNITY DEV BLOCK GRANT/ESG Newhope Library Ada & Facility Imp 11/2025 Grant Year 2020; Active; Design Phase Complete; Construction Phase to begin March 2025; Windows/Roof Replacement (2/2022-11/2025) 124,375 13518783 Community Development 237543 COMMUNITY DEV BLOCK GRANT/ESG Street Improvement - Heninger 06/2025 Grant Year 2020; project completed. Requested warranty bonds and to file N.O.C. Pending release retention but no other invoices to pay. 16,126 13518783 Community Development 237543 COMMUNITY DEV BLOCK GRANT/ESG Street Improvement - Heninger 06/2025 Grant Year 2020; project completed. Requested warranty bonds and to file N.O.C. Pending release retention but no other invoices to pay. 29,592 13518783 Community Development 247528 COMMUNITY DEV BLOCK GRANT/ESG PAAL Restroom Construction Project 06/2025 Grant Year 2023; Construction to begin in Fiscal Year 2025 500,000 13518783 Community Development 247529 COMMUNITY DEV BLOCK GRANT/ESG Cool Pavement Treatment - Madison Park 06/2025 GY23; Active; Project contractor selected, working with the contractor to start construction, NIES working with PWA (8/2023- 6/2025) 62,500 13518783 Community Development 247530 COMMUNITY DEV BLOCK GRANT/ESG Cool Pavement Treatment - Campesino Park 06/2025 GY23; Active; Project contractor selected, working with the contractor to start construction, NIES working with PWA (7/2023- 6/2025) 62,500 13518783 Community Development 247531 COMMUNITY DEV BLOCK GRANT/ESG Parking Lot Main Libr 03/2026 Grant Year 2023; Active; Construction Phase; New parking lot at Main Library (4/2022-3/2026) 300,237 13518783 Community Development 247533 COMMUNITY DEV BLOCK GRANT/ESG Logan/Chepas Master De 06/2025 Grant Year 2023; Construction to begin in Fiscal Year 2025 313,685 13518783 Community Development 257528 COMMUNITY DEV BLOCK GRANT/ESG Park Improvement/Main Lib 03/2026 Grant Year 2019; Active; Construction Phase; Window repair and restoration at Main Library (4/2022-3/2026) 13,574 13518783 Community Development 257528 COMMUNITY DEV BLOCK GRANT/ESG Park Improvement/Main Lib 03/2026 Grant Year 2020; Active; Construction Phase; Window repair and restoration at Main Library (4/2022-3/2026) 264,443 13518783 Community Development 257528 COMMUNITY DEV BLOCK GRANT/ESG Park Improvement/Main Lib 03/2026 Grant Year 2021; Active; Construction Phase; Window repair and restoration at Main Library (4/2022-3/2026) 28,661 13518783 Community Development 257528 COMMUNITY DEV BLOCK GRANT/ESG Park Improvement/Main Lib 03/2026 Grant Year 2022; Active; Construction Phase; Window repair and restoration at Main Library (4/2022-3/2026) 131,154 13518783 Community Development 257528 COMMUNITY DEV BLOCK GRANT/ESG Park Improvement/Main Lib 03/2026 Grant Year 2022; Active; Construction Phase; Window repair and restoration at Main Library (4/2022-3/2026) 262,168 13518783 Community Development 257529 COMMUNITY DEV BLOCK GRANT/ESG Logan/Chepas Master De 06/2025 Grant Year 2022; Construction to begin in Fiscal Year 2025 166,735 14717611 Public Works 176894 FEDERAL AID SAFETY PROGRAM Euclid St & Hazard Ave Sigl Mo 06/2024 Project Complete. Balance remaining for reconciliation 10,865 14717611 Public Works 186918 FEDERAL AID SAFETY PROGRAM Main St & 15Th St Traffic Sign 09/2025 99% Construction 9,485 14717611 Public Works 186919 FEDERAL AID SAFETY PROGRAM 1St/Jackson & 5Th/Euclid Signl 09/2024 99% Construction 77,311 14717612 Public Works 226995 FEDERAL AID SAFETY PROGRAM Bristol St & Santa Cl Sign Mod 09/2024 98% Construction 55,154 City Council 8 – 19 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 14817613 Public Works 176801 TRAFFIC SYSTEM MGMT GRANT Civic Center Drive Bike Blvd 06/2023 Project Complete; project balance for reconciliation 61,320 14817613 Public Works 176802 TRAFFIC SYSTEM MGMT GRANT Lincoln Pedestrian Trail 09/2024 99% Construction 26,404 14817613 Public Works 176880 TRAFFIC SYSTEM MGMT GRANT Santa Ana Blvd & 5Th Bike Lane 01/2024 Project Complete; project balance for reconciliation 85,704 14817613 Public Works 176885 TRAFFIC SYSTEM MGMT GRANT Edinger Protected Bike Lanes 06/2023 Project Complete; project balance for reconciliation 10,551 14817613 Public Works 236998 TRAFFIC SYSTEM MGMT GRANT Raitt St Protected And Buffered Bikeway 09/2025 60% Design Phase; ancticipated construction start in Fall 2025 809,655 14817613 Public Works 236037 TRAFFIC SYSTEM MGMT GRANT Trfc Calm/Memry & Flwr Bikeway 04/2027 In Progress; 40% Design Phase 450,000 14817613 Public Works 246000 TRAFFIC SYSTEM MGMT GRANT Safe Routes to Schools: Mendez/ALA/Santiago/Siera 01/2027 Ongoing Design 9,969,276 14817613 Public Works 246001 TRAFFIC SYSTEM MGMT GRANT Safe Routes to Schools: Macarthur Int & Taft Elementary 01/2027 Ongoing Design 4,885,381 14817613 Public Works 246002 TRAFFIC SYSTEM MGMT GRANT Safe Routes to Schools: Madison/Roosevelt/Century 01/2027 Ongoing Design 9,982,170 14817613 Public Works 246003 TRAFFIC SYSTEM MGMT GRANT Safe Routes to Schools: Santa Ana High & Heninger Elementary 01/2027 Ongoing Design 8,212,004 14817613 Public Works 246004 TRAFFIC SYSTEM MGMT GRANT Safe Routes to Schools: Jackson/Diamond Elementary 01/2027 Ongoing Design 8,249,583 14817613 Public Works 246709 TRAFFIC SYSTEM MGMT GRANT Orange Ave Complete Streets 09/2026 Ongoing Design 81,591 14817614 Public Works 196951 TRAFFIC SYSTEM MGMT GRANT Safe Routes to Schools: Davis Elementary 06/2025 83% Construction; project balance for reconciliation 119 14817614 Public Works 206962 TRAFFIC SYSTEM MGMT GRANT Mcfadden Prot Bik Ln Har-Grand 05/2027 90% Design 5,952,598 14817614 Public Works 206963 TRAFFIC SYSTEM MGMT GRANT Safe Routes to Schools: Kennedy & Villa 05/2027 84% Construction 776,761 14817614 Public Works 206964 TRAFFIC SYSTEM MGMT GRANT Safe Routes to Schools: Fremont & Spurgeon 07/2026 70% Construction 3,923,788 14817614 Public Works 206965 TRAFFIC SYSTEM MGMT GRANT Standard Ave Prot Bk Ln: 3-War 02/2025 95% Design 5,473,046 14817615 Public Works 196951 TRAFFIC SYSTEM MGMT GRANT Safe Routes to Schools: Davis Elementary 05/2027 83% Construction 1,844,526 14817615 Public Works 196948 TRAFFIC SYSTEM MGMT GRANT W Willits Protected Bike Lanes 01/2026 60% Construction 99,329 15211154 Library 221380 PUBLIC LIBRARY GRANT FUND Main Library Renovation 12/2026 Active; Construction Phase; Grant admin, construction management, construction, and construction contingency for Main Library Renovation 4,499,519 15211154 Library 221380 PUBLIC LIBRARY GRANT FUND Main Library Renovation 12/2026 Active; Construction Phase; Future grant funds to be dispersed for grant admin, construction management, construction, and contingency for Main Library Renovation 4,664,986 15211154 Library 221802 PUBLIC LIBRARY GRANT FUND Newhope Library Renovation 12/2025 Active; Design Complete; Construction Phase to begin March 2025; Grant admin, construction, and construction contingency for Newhope Library Renovation 543,377 15211154 Library 221802 PUBLIC LIBRARY GRANT FUND Newhope Library Renovation 12/2025 Active; Design Complete; Construction Phase to begin March 2025; Future grant funds to be dispersed for grant admin, construction, and construction contingency for Newhope Library Renovation 543,377 16113264 Parks & Recreation 202729 Parks State Grant Capital Fund Gerardo Mouet Park-Construction Of New Park 12/2024 In Progress-Construction-80% Complete-Est Cmpl December 2024 1,351,843 16113264 Parks & Recreation 202730 Parks State Grant Capital Fund Ed Caruthers Park-Construction Of New Park 09/2024 Complete-Pending Final Payment 19,509 16113262 Parks & Recreation 232601 Parks State Grant Capital Fund Santa Ana Zoo-Construction Of New Zoo Educational Hub Building 12/2025 In Progress; Submitted plans for review-Bid Scheduled for December 2024.-Est Cmpl December 2025 1,775,573 16113262 Parks & Recreation 232602 PRCSA CAPITAL GRANTS Barrier Free Park Installation 06/2025 Project still in progress 943,126 16117263 Public Works 246603 Parks State Grant Capital Fund Walnut Street Urban Greening 12/2026 In Design. Construction set to begin Fall 2024. 2,199,000 16117263 Public Works 246601 Parks State Grant Capital Fund Santiago Park Trail & Habitat 09/2026 In Design, 40% complete. 270,017 16417640 Public Works 236627 Public Works-Water Quality & Control Rouselle St Flood Protection 06/2027 Active, Design, 5% complete 4,518,034 16417640 Public Works 236628 Public Works-Water Quality & Control Warner Ave Flood Protection 06/2027 Active, Design complete, Construction starting January 2024 1,080,000 City Council 8 – 20 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 16417640 Public Works 246600 Public Works-Water Quality & Control Bristol-Tolliver St Urbn Green 08/2027 Active, Design, 5% complete 3,406,733 16417641 Public Works 216462 WaterSMART- Watershed Mgmt Prog Sa-1 Hydrogenerator Upgrade 09/2026 Active, Design, 75% complete 299,000 16417641 Public Works 226470 WaterSMART- Watershed Mgmt Prog Well 38 Pfas Facility 12/2024 Active, Construction to begin fall 2023 2,000,000 16417642 Public Works 166460 CA Natural Resources Grant Advanced Meter Infrastructure 06/2025 Active, Construction, 20% complete 115,706 16417643 Public Works 226621 Prop 1 IRWM Program Raitt & Myrtle Park Project 12/2025 Active, Construction, 90% complete 62,028 16417644 Public Works 226622 CNRA Urban Flood Protection Dtsa Flood Red & Storwtr Infil 09/2024 Active, Design complete, Construction starting August 2023 1,339,799 16417641 Public Works 246602 WaterSMART- Watershed Mgmt Prog Agreement For Landscape Svcs 12/2024 Active, ongoing project for landscaping services. 75,000 16417643 Public Works 196423 Prop 1 IRWM Program Washington Well Site Improveme 09/2025 Active, Construction to Begin Fall 2024 3,394,743 16417643 Public Works 246604 Prop 1 IRWM Program Sa Zoo Strmwtr Cap & Diversion 06/2027 Active, Design complete, Construction starting Fall 2024 2,603,525 22317660 Public Works 236907 Local Drainage Area IV Loc St Prevent Maint Fy 22/23 09/2025 Ongoing; Project Balance Available 69,446 22417660 Public Works 206618 Local Drainage Area IV Warner Storm Drain Imp: Ph1 06/2025 60% Construction 2,768 22417660 Public Works 146802 Local Drainage Area IV Warner Ave Wdng:Main-Oak Ph I 06/2025 90% Construction 21,320 22417660 Public Works 116741 Local Drainage Area IV Bristol Widening: Warner To St Andrew Phase IV 06/2026 Design Complete; 0% Construction 372,967 22617660 Public Works 236458 Local Drainage Area VI Misc Strmdrn Repairs Fy 22/23 09/2025 99% Construction 99,629 31113260 Parks & Recreation 236625 Acquisition & Development- District 1 King Street Park-Construction Of New Park 09/2024 Complete-Pending Final Payment 172,362 31213260 Parks & Recreation 222765 Acquisition & Development- District 2 Santiago Park-Renovation Of New Eco-Center 06/2025 In Progress-Under Renovation at 40% Complete; Est. cmpl December 2024 819,000 31213260 Parks & Recreation 242601 Acquisition & Development- District 2 Santiago Park-Installation Of New Lighting 10/2024 In Progress-40% Complete-Est Cmpl October 2024 95,604 31213260 Parks & Recreation 246601 Acquisition & Development- District 2 Santiago Park-Design For Restoration Of Trail And Habitat 10/2024 In Progress-Design only-60% Complete-Est Cmpl October 2024 51,305 31313260 Parks & Recreation 162658 Acquisition & Development- District 3 Santa Ana Zoo-Construction Of New Otter Habitat 12/2024 In Progress-Construction-70% Complete-Est. Cmpl December 2024 1,286,500 31313260 Parks & Recreation 202729 Acquisition & Development- District 3 Gerardo Mouet Park-Construction Of New Park 12/2024 In Progress-Construction-80% Complete-Est Cmpl December 2024 834,500 31313260 Parks & Recreation 212726 Acquisition & Development- District 3 Pacific/Electric Bike Trail-Improvements 06/2025 In Progress-Additional Funding Needed; est cmpl June 2025 449,202 31313260 Parks & Recreation 212740 Acquisition & Development- District 3 Flower Street Bike Trail-Improvements 10/2024 In Progress-PWA Installing final Landscape work-Est Cmpl October 2024 146,805 31213260 Parks & Recreation 242601 RESIDENTIAL DEVELOP DISTRICT 2 Sports Lighting At Santiago Park 06/2025 Project still in progress 637,351 31313260 Parks & Recreation 221415 Acquisition & Development- District 3 Memorial Park-Construction Of New Aquatic Facilities 10/2026 In Progress-Pending Contract Award for October 2024-Est Cmpl October 2026 9,998,300 31313260 Parks & Recreation 232601 Acquisition & Development- District 3 Santa Ana Zoo-Construction Of New Zoo Educational Hub Building 12/2025 In Progress; Submitted plans for review-Bid Scheduled for December 2024.-Est Cmpl December 2025 230,300 31313261 Parks & Recreation 162658 Acquisition & Development- District 3 Santa Ana Zoo-Construction Of New Otter Habitat 12/2024 In Progress-Construction-70% Complete-Est. Cmpl December 2024 41,031 City Council 8 – 21 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 31313261 Parks & Recreation 221415 Acquisition & Development- District 3 Memorial Park-Construction Of New Aquatic Facilities 10/2026 In Progress-Pending Contract Award for October 2024-Est Cmpl October 2026 41,829 31413260 Parks & Recreation 182681 Acquisition & Development- District 4 Centennial Park-Lake Renovation 10/2024 In Progress-Construction-90% Complete- October 2024 26,344 31413260 Parks & Recreation 197527 Acquisition & Development- District 4 Santa Anita Park-Construction Of New Soccer Field 03/2025 In Progress-Pending Completion of Community Center; est. cmpl March 2025 42,378 31413260 Parks & Recreation 222755 Acquisition & Development- District 4 Centennial Park-Construction Of New Dog Park 08/2025 In Progress-In Design. Design work is 60% complete-Est Cmpl August 2025 400,000 31513260 Parks & Recreation 197527 Acquisition & Development- District 5 Santa Anita Park-Construction Of New Soccer Field 03/2025 In Progress-Pending Completion of Community Center; est. cmpl March 2025 762,502 41818830 Community Development 179001 CDA CAPITAL PROJECTS Main St Corridor Public Improvements 06/2025 In Progress; estimated to be completed in June 2025 36,484 41818832 Community Development 229001 CDA CAPITAL PROJECTS Legacy Square Transportation Improvements Project 06/2025 Constrcution in progress; agreement for project awarded. 100% design completed. 1,804,580 41818833 Community Development 249002 CDA CAPITAL PROJECTS Modernization of Santa Ana Civic Center 06/2026 In Progress to award agreement for construction management 5,161,840 99117950 Public Works 236999 TRAN SYS IMP AUT AREA A Trf Signl Install Chestnut/Zoo 01/2027 10% Design 834,051 99217950 Public Works 146802 TRAN SYS IMP AUT AREA B TUSTIN Warner Ave Wdng:Main-Oak Ph I 06/2025 90% Construction 1,716,942 99217950 Public Works 186901 TRAN SYS IMP AUT AREA B TUSTIN Warner Ave Imprv Ph2-Oak-Grand 06/2025 90% Design 391,323 05113263 Parks & Recreation 242600 CAPITAL OUTLAY FUND George Upton Park Sports Lighting 06/2025 Item not received with no current estimated arrival date 1,154 05113263 Parks & Recreation 232604 CAPITAL OUTLAY FUND Santa Ana Stadium Sports Lighting 11/2024 Expected completion November 2024; Retention invoices submitted 14,950 05113263 Parks & Recreation 222766 CAPITAL OUTLAY FUND Synthetic Field Turf 06/2024 Item not received with no current estimated arrival date 133,794 05113263 Parks & Recreation 202709 CAPITAL OUTLAY FUND Steel Benches 10/2024 Item received; payment pending 12,775 All Other Funds 02213200 Parks & Recreation 222503 Fees & Donations Program-Afterschool Adventure Funding 06/2025 In Progress: On-going program 24,374 02213200 Parks & Recreation 242605 Fees & Donations PRCSA Aquatics Program Grant 06/2025 In Progress-On going program. Continue to use funds until depleted 75,000 05105015 Public Works N/A CAPITAL OUTLAY FUND ADA Transition Plan 06/2026 Development of plan to continue in FY24-25. 63,980 06917640 Public Works 236431 Refuse Collection Service Calrecycle- Ccp Fy 22/23 09/2025 In Progress; Completion September 2025 76,316 06917640 Public Works 246431 Refuse Collection Service Calrecycle- Ccp Fy 23/24 03/2026 In Progress; Completion Date March 2026 75,160 06917640 Public Works 246432 Refuse Collection Service Oil Payment Prog #14 Fy 23/24 08/2025 In Progress; Completion Date August 2025 40,372 06917640 Public Works 246480 Refuse Collection Service Calrecycle Senate Bill 1383 04/2026 In Progress; Completion Date April 2026 783,881 06917640 Public Works 236480 Refuse Collection Service Calrecycle Senate Bill (Sb) 1383 04/2027 In Progress; Completion Date April 2027 435,450 10117601 Public Works N/A PUB WKS-ADMIN & PLANNING The Solis Group Agreement 06/2025 Outstanding project permit invoices to be paid in FY24-25 once received. 159,257 10920149 Information Technology N/A INFORMATION TECHNOLOGY City ERP System Replacement 01/2028 Staff is working on evaluations of shortlisted firms for Financial and HR/Payroll systems.  688,000 10920149 Information Technology N/A INFORMATION TECHNOLOGY Replacement of mySantaAna Application 06/2025 RFP released in August 2024. Proposals being reviewed by selection committee. 200,000 10920149 Information Technology N/A INFORMATION TECHNOLOGY Land Management System Replacement 06/2025 A new LMS solution has been identified. Expected completion date is June 2025. 720,000 City Council 8 – 22 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 10920149 Information Technology N/A INFORMATION TECHNOLOGY Cybersecurity Additions 06/2025 Currently in planning phase; expected to be completed by June 2025. 217,728 10920149 Information Technology N/A INFORMATION TECHNOLOGY Timekeeping System 06/2025 Currently in configuration. Testing to begin October 2024. 50,000 10920149 Information Technology N/A INFORMATION TECHNOLOGY Business License Tax Software Modernization 12/2024 Agreement is in progress; expected to be completed by December 2025. 300,000 12218715 Community Development 217751 EMERGENCY AND HEALTH GRANTS Homeless Housing Assistance & Prevention Plan 06/2025 In progress; to fund operation of Navigation Center 77,343 12218715 Community Development 217751 EMERGENCY AND HEALTH GRANTS Homeless Housing Assistance & Prevention Vehicle Purchase 06/2025 In progress; pending notification of vehicle delivery 44,602 12218715 Community Development 247751 EMERGENCY AND HEALTH GRANTS Intergenerational Housing Project N Bewley St 06/2025 In progress to award agreement for development of Permanent Housing (Youth) at 918 N Bewley 673,773 12218716 Community Development 227752 EMERGENCY AND HEALTH GRANTS Homeless Housing Assistance & Prevention Program Admin 09/3025 In progress; used as projects are being managed 6,554 12218716 Community Development 247751 EMERGENCY AND HEALTH GRANTS Intergenerational Housing Project N Bewley St 06/2026 In progress to award agreement for development of Permanent Housing (Youth) at 918 N Bewley 200,941 12218717 Community Development 227750 EMERGENCY AND HEALTH GRANTS Carnegie Shelter Supplies 06/2026 In progress; for various navigation center expenses 55,457 12218717 Community Development 227750 EMERGENCY AND HEALTH GRANTS Carnegie Shelter Utilities 06/2026 In progress; for utility expenses of navigation center 47,440 12218717 Community Development 227757 EMERGENCY AND HEALTH GRANTS Homeless Housing Assistance & Prevention Program Admin 06/2026 In progress; used as projects are being managed 291,294 12218717 Community Development 227757 EMERGENCY AND HEALTH GRANTS SAPD Quality of Life Team 06/2026 In progress; for SAPD Quality of Life Team 2,868 12218717 Community Development 227757 EMERGENCY AND HEALTH GRANTS Homeless Housing Assistance & Prevention Systems Support 06/2026 In progress; for Racial Equity Committee-Systems Support 485 12218717 Community Development 247751 EMERGENCY AND HEALTH GRANTS Intergenerational Housing Project N Bewley St 06/2026 In progress to award agreement for development of Permanent Housing (Youth) at 918 N Bewley 1,029,035 12218718 Community Development 237753 EMERGENCY AND HEALTH GRANTS Carnegie Shelter - Illumination Foundation 04/2025 In progress with optional two 2-year renewals for operation of Navigation Center 34,032 12218718 Community Development 237761 EMERGENCY AND HEALTH GRANTS Homeless Housing Assistance & Prevention Program Admin 06/2026 In progress; used as projects are being managed 178,253 12218718 Community Development 237761 EMERGENCY AND HEALTH GRANTS Homeless Housing Assistance & Prevention Program 06/2026 To be appropriated as projects are identified 1,590,221 12218718 Community Development 237761 EMERGENCY AND HEALTH GRANTS Homeless Housing Assistance & Prevention Program Outreach 12/2024 In progress for program outreach with City Net 949,482 12218718 Community Development 247757 EMERGENCY AND HEALTH GRANTS Homeless Housing Assistance & Prevention Rapid Rehousing 06/2026 RFP in process 45,000 12218718 Community Development 247757 EMERGENCY AND HEALTH GRANTS Homeless Housing Assistance & Prevention Rapid Rehousing For Youth 06/2026 RFP in process 225,000 12218718 Community Development 247757 EMERGENCY AND HEALTH GRANTS Homeless Housing Assistance & Prevention Rapid Rehousing Rapid Rehousing Youth Services Coordination 06/2026 In progress; projects to be identified 150,000 12218718 Community Development 247758 EMERGENCY AND HEALTH GRANTS Homeless Housing Assistance & Prevention Services Coordination 06/2026 In progress; projects to be identified 89,295 12318751 Community Development 247003 Workforce Innovation and Opportunity Act (WIOA) One Stop Program 06/2025 Ongoing project; used as projects are being managed 90,750 12318752 Community Development 247009 Workforce Innovation and Opportunity Act (WIOA) One Stop Admin 06/2025 Ongoing project; used as projects are being managed 9,009 12318753 Community Development 247016 Workforce Innovation and Opportunity Act (WIOA) WIOA Adult Intensive 06/2025 Ongoing project; used as projects are being managed 247,320 12318754 Community Development 247017 Workforce Innovation and Opportunity Act (WIOA) OS DW Training 06/2025 Ongoing project; used as projects are being managed 43,739 12318754 Community Development 247017 Workforce Innovation and Opportunity Act (WIOA) WIOA DW Intensive 06/2025 Ongoing project; used as projects are being managed 141,002 City Council 8 – 23 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 12318756 Community Development 247007 Workforce Innovation and Opportunity Act (WIOA) OS RR Undesig (Formu 09/2024 Ongoing project 37,121 12318762 Community Development 247004 Workforce Innovation and Opportunity Act (WIOA) NDWG Admin 09/2024 Grant project end date is September 2024 115,761 12318763 Community Development 247010 Workforce Innovation and Opportunity Act (WIOA) WIOA Youth Undesigna 06/2025 Ongoing project; used as projects are being managed 369,241 12318763 Community Development 247010 Workforce Innovation and Opportunity Act (WIOA) WIOA Yth In-Sch-OCCT 12/2024 Ongoing project; end date is December 2024 107,484 12318763 Community Development 247010 Workforce Innovation and Opportunity Act (WIOA) WIOA Yth ISY WEX-CTA 12/2024 Ongoing project; end date is December 2024 9,342 12318763 Community Development 247010 Workforce Innovation and Opportunity Act (WIOA) WIOA Yth Out-Sch-CTA 12/2024 Ongoing project; end date is December 2024 33,467 12318763 Community Development 247010 Workforce Innovation and Opportunity Act (WIOA) WIOA Yth OSY WEX-CTA 12/2024 Ongoing project; end date is December 2024 52,413 12514407 Police Department 224260 OES UASI FY21 UASI J 001 05/2025 0% of grant funds expended; 11 months of performance period remaining (321,020) 12514407 Police Department 224261 OES UASI FY21 UASI J 002 05/2025 0% of grant funds expended; 11 months of performance period remaining 25,000 12514407 Police Department 224262 OES UASI FY21 UASI J 003 05/2025 98% of grant funds expended; 11 months of performance period remaining 9,967 12514407 Police Department 224265 OES UASI FY21 UASI J 006 05/2025 67% of grant funds expended; 11 months of performance period remaining 500 12514407 Police Department 224266 OES UASI FY21 UASI J 007 05/2025 66% of grant funds expended; 11 months of performance period remaining 58,212 12514407 Police Department 224267 OES UASI FY21 UASI J 008 05/2025 99% of grant funds expended; 11 months of performance period remaining 345 12514407 Police Department 224268 OES UASI FY21 UASI J 009 05/2025 26% of grant funds expended; 11 months of performance period remaining 36,804 12514407 Police Department 224269 OES UASI FY21 UASI J 010 05/2025 14% of grant funds expended; 11 months of performance period remaining 8,602 12514407 Police Department 224270 OES UASI FY21 UASI J 011 05/2025 101% of grant funds expended; 11 months of performance period remaining (193) 12514407 Police Department 224280 OES UASI FY21 UASI C 012 05/2025 0% of grant funds expended; 11 months of performance period remaining 201,165 12514407 Police Department 224281 OES UASI FY21 UASI C 013 05/2025 100% of grant funds expended; 11 months of performance period remaining 44 12514407 Police Department 224283 OES UASI FY21 UASI C 015 05/2025 91% of grant funds expended; 11 months of performance period remaining 13,731 12514407 Police Department 224284 OES UASI FY21 UASI C 016 05/2025 21% of grant funds expended; 11 months of performance period remaining 150,950 12514407 Police Department 224285 OES UASI FY21 UASI C 017 05/2025 92% of grant funds expended; 11 months of performance period remaining 4,236 12514407 Police Department 224290 OES UASI FY21 UASI O 018 05/2025 0% of grant funds expended; 11 months of performance period remaining 265,000 12514407 Police Department 224291 OES UASI FY21 UASI O 019 05/2025 0% of grant funds expended; 11 months of performance period remaining 35,000 12514407 Police Department 224292 OES UASI FY21 UASI O 020 05/2025 0% of grant funds expended; 11 months of performance period remaining 80,000 12514407 Police Department 224293 OES UASI FY21 UASI O 021 05/2025 34% of grant funds expended; 11 months of performance period remaining 3,288 12514407 Police Department 224294 OES UASI FY21 UASI O 022 05/2025 0% of grant funds expended; 11 months of performance period remaining 30,000 12514407 Police Department 224295 OES UASI FY21 UASI O 023 05/2025 96% of grant funds expended; 11 months of performance period remaining 7,346 City Council 8 – 24 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 12514407 Police Department 224297 OES UASI FY21 UASI O 025 05/2025 1% of grant funds expended; 11 months of performance period remaining 45,870 12514407 Police Department 224300 OES UASI FY21 UASI E 026 05/2025 98% of grant funds expended; 11 months of performance period remaining 4,790 12514407 Police Department 224301 OES UASI FY21 UASI E 027 05/2025 104% of grant funds expended; 11 months of performance period remaining (1,751) 12514407 Police Department 224302 OES UASI FY21 UASI E 028 05/2025 42% of grant funds expended; 11 months of performance period remaining 75,365 12514407 Police Department 224304 OES UASI FY21 UASI E 030 05/2025 85% of grant funds expended; 11 months of performance period remaining 15,500 12514407 Police Department 224305 OES UASI FY21 UASI E 031 05/2025 104% of grant funds expended; 11 months of performance period remaining (1,549) 12514407 Police Department 224306 OES UASI FY21 UASI E 032 05/2025 83% of grant funds expended; 11 months of performance period remaining 32,998 12514407 Police Department 224310 OES UASI FY21 UASI G 034 05/2025 91% of grant funds expended; 11 months of performance period remaining 9,000 12514407 Police Department 224311 OES UASI FY21 UASI G 035 05/2025 105% of grant funds expended; 11 months of performance period remaining (2,013) 12514407 Police Department 224312 OES UASI FY21 UASI G 036 05/2025 50% of grant funds expended; 11 months of performance period remaining 40,675 12514407 Police Department 224314 OES UASI FY21 UASI G 041 TR 05/2025 102% of grant funds expended; 11 months of performance period remaining (2,540) 12514407 Police Department 224315 OES UASI FY21 UASI G 041 EX 05/2025 102% of grant funds expended; 11 months of performance period remaining (1,625) 12514407 Police Department 224320 OES UASI FY21 UASI P 038 05/2025 20% of grant funds expended; 11 months of performance period remaining 211,695 12514407 Police Department 224322 OES UASI FY21 UASI P 040 I 05/2025 76% of grant funds expended; 11 months of performance period remaining 23,998 12514407 Police Department 224323 OES UASI FY21 UASI P 040 II 05/2025 75% of grant funds expended; 11 months of performance period remaining 24,915 12514407 Police Department 224324 OES UASI FY21 UASI P 040 III 05/2025 76% of grant funds expended; 11 months of performance period remaining 24,819 12514407 Police Department 224330 OES UASI FY21 UASI L 042 05/2025 1% of grant funds expended; 11 months of performance period remaining 102,120 12514407 Police Department 224331 OES UASI FY21 UASI L 043 05/2025 89% of grant funds expended; 11 months of performance period remaining 11,981 12514491 Police Department 244200 OES UASI FY22 UASI J 009 03/2025 0% of grant funds expended; 9 months of performance period remaining 10,000 12514491 Police Department 244201 OES UASI FY22 UASI J 010 03/2025 0% of grant funds expended; 9 months of performance period remaining 10,000 12514491 Police Department 244210 OES UASI FY22 UASI E 015 03/2025 0% of grant funds expended; 9 months of performance period remaining 60,580 12514491 Police Department 244211 OES UASI FY22 UASI E 015 TEMC 03/2025 0% of grant funds expended; 9 months of performance period remaining 90,000 12514491 Police Department 244212 OES UASI FY22 UASI E 017 03/2025 0% of grant funds expended; 9 months of performance period remaining 54,000 12514491 Police Department 244213 OES UASI FY22 UASI E 026 03/2025 98% of grant funds expended; 9 months of performance period remaining 4,790 12514491 Police Department 244214 OES UASI FY22 UASI E 027 03/2025 43% of grant funds expended; 9 months of performance period remaining 25,435 12514491 Police Department 244215 OES UASI FY22 UASI E 032 03/2025 0% of grant funds expended; 9 months of performance period remaining 200,000 12514491 Police Department 244216 OES UASI FY22 UASI E 033 03/2025 42% of grant funds expended; 9 months of performance period remaining 11,589 12514491 Police Department 244217 OES UASI FY22 UASI E 034 03/2025 52% of grant funds expended; 9 months of performance period remaining 51,315 12514491 Police Department 244218 OES UASI FY22 UASI E 035 03/2025 0% of grant funds expended; 9 months of performance period remaining 184,803 12514491 Police Department 244220 OES UASI FY22 UASI O 020 03/2025 0% of grant funds expended; 9 months of performance period remaining 80,000 12514491 Police Department 244221 OES UASI FY22 UASI O 021 03/2025 0% of grant funds expended; 9 months of performance period remaining 5,000 12514491 Police Department 244230 OES UASI FY22 UASI G 030 03/2025 0% of grant funds expended; 9 months of performance period remaining 100,000 12514491 Police Department 244231 OES UASI FY22 UASI G 031 03/2025 65% of grant funds expended; 9 months of performance period remaining 12,395 12514491 Police Department 244232 OES UASI FY22 UASI G 036 03/2025 0% of grant funds expended; 9 months of performance period remaining 100,000 City Council 8 – 25 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 12514491 Police Department 244233 OES UASI FY22 UASI G 037 03/2025 63% of grant funds expended; 9 months of performance period remaining 12,999 12514491 Police Department 244234 OES UASI FY22 UASI G 038 03/2025 0% of grant funds expended; 9 months of performance period remaining 97,330 12514491 Police Department 244235 OES UASI FY22 UASI G 039 03/2025 0% of grant funds expended; 9 months of performance period remaining 51,165 12514491 Police Department 244236 OES UASI FY22 UASI G 046 03/2025 0% of grant funds expended; 9 months of performance period remaining 13,050 12514491 Police Department 244250 OES UASI FY22 UASI L 040 TR 03/2025 61% of grant funds expended; 9 months of performance period remaining 51,507 12514491 Police Department 244251 OES UASI FY22 UASI L 040 EX 03/2025 68% of grant funds expended; 9 months of performance period remaining 28,531 12514491 Police Department 244252 OES UASI FY22 UASI L 045 03/2025 25% of grant funds expended; 9 months of performance period remaining 84,858 12714406 Police Department 244601 D.O.J. GRANT FUND OVW GRANT 2022 09/2025 24% of grant funds expended; 15 months of performance period remaining 64,407 12814407 Police Department 204600 LAW ENFORCEMENT GRANTS SLESA 19/20 09/2024 99.5% of grant funds expended; 3 months of performance period remaining; Just need final grant reconciliation 3,819 12814407 Police Department 214506 LAW ENFORCEMENT GRANTS SLESA FY20-21 06/2025 83% of grant funds expended; PD has plans to expend remaining balance in FY 24/25 141,904 12814407 Police Department 224503 LAW ENFORCEMENT GRANTS FY 21-22 SLESA 06/2025 15% of grant funds expended; PD has plans to expend remaining balance in FY 24/25 707,558 12814407 Police Department 234614 LAW ENFORCEMENT GRANTS FY 22-23 SLESA 06/2026 0% of grant funds expended; 3 months of performance period remaining 886,882 12814409 Police Department 224507 LAW ENFORCEMENT GRANTS JAG 2021 09/2024 99% of grant funds expended; 3 months of performance period remaining 1,363 12814409 Police Department 234616 LAW ENFORCEMENT GRANTS JAG 2022 09/2025 77% of grant funds expended; 15 months of performance period remaining 23,645 12814409 Police Department 244606 LAW ENFORCEMENT GRANTS JAG 2023 09/2026 4% of grant funds expended; 27 months of performance period remaining 105,591 12814413 Police Department 244602 LAW ENFORCEMENT GRANTS BSCC WELLNESS GRANT 12/2025 35% of grant funds expended; 17 months of performance period remaining 76,228 12814417 Police Department 214601 LAW ENFORCEMENT GRANTS SAE PROGRAM GRANT 06/2025 64% of grant funds expended; 12 months of performance period remaining 18,787 13018780 Community Development Various Home Program Federal Grant Home Grant Program 08/2026 Grant Year 2018; period of performance ends August 2026 185,090 13018780 Community Development Various Home Program Federal Grant Home Grant Program 08/2027 Grant Year 2019; period of performance ends August 2027 501,212 13018780 Community Development Various Home Program Federal Grant Home Grant Program 08/2028 Grant Year 2020; period of performance ends August 2028 1,687,985 13018780 Community Development Various Home Program Federal Grant Home Grant Program 08/2029 Grant Year 2021; period of performance ends August 2029 2,283,671 13018780 Community Development Various Home Program Federal Grant Home Grant Program 08/2030 Grant Year 2022; period of performance ends August 2030 2,321,107 13018780 Community Development Various Home Program Federal Grant Home Grant Program 08/2031 Grant Year 2023; period of performance ends August 2031 1,605,671 13116500 Planning & Building N/A CA Automated Permit Program Solar Automated Permit Program 06/2025 Phase 1 implementation to be completed by November 2024. Working with IT and new Land Management system to complete the project. 100,000 13518780 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant Administration 08/2030 Grant Year 2023; period of performance ends August 2030 32,544 13518782 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant-Housing 08/2026 Grant Year 2019; period of performance ends August 2026 4,690 13518782 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant-Housing 08/2027 Grant Year 2020; period of performance ends August 2027 168,705 13518782 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant-Housing 08/2028 Grant Year 2021; period of performance ends August 2028 16,294 13518782 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant-Housing 08/2029 Grant Year 2022; period of performance ends August 2029 47,500 13518782 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant-Housing 08/2030 Grant Year 2023; period of performance ends August 2030 100,000 13518782 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant-Housing 08/2030 Grant Year 2023; period of performance ends August 2030 245,992 13518788 Community Development 219500 COMMUNITY DEV BLOCK GRANT/ESG CDBG-CV3 Admin GY20 09/2026 GY20; Admin 129,809 13518788 Community Development 219509 COMMUNITY DEV BLOCK GRANT/ESG CDBG-CV UNAPP GY20 09/2026 GY20; In progress. Projects to be identified. 17,879 City Council 8 – 26 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 14318763 Community Development 247800 CALHOME PROGRAM CalHome Grant Admin 06/2025 Program in progress 12,979 14318763 Community Development 247801 CALHOME PROGRAM CalHome Grant Unappropriated 06/2025 Program in progress 4,800 14318763 Community Development 247806 CALHOME PROGRAM Homebuyer Down Payment Assistance Loan Program FY23-24 07/2024 Paid out down payment assistance client 120,000 14318763 Community Development 247807 CALHOME PROGRAM Homebuyer Down Payment Assistance Loan Program FY23-24 07/2024 Paid out down payment assistance client 120,000 14318763 Community Development 247808 CALHOME PROGRAM Homebuyer Down Payment Assistance Loan Program FY23-24 09/2024 Paid out down payment assistance client 120,000 14418760 Community Development 247101 PRISON TO EMPLOYMENT PROGRAM Prison To Employment Program 12/2025 Program in progress 259,692 14518760 Community Development 227700 RENTAL REHABILITATION GRANT Rental Rehab Program - House Loan 06/2030 Remaining funds to be disbursed on or before September 2024. 38,652 15816501 Planning & Building 225000 PLANNING GRANTS PROGRAM LEAP Grant 09/2024 All funds were expended and the final reimbursement request was submitted to HCD on September 2024. 318,300 16514414 Police Department 244604 OFFICE OF SAFETY GRANT FY24 OTS STEP Grant 09/2024 68% of grant funds expended; 3 months of performance period remaining 43,900 17718701 Community Development 227753 EMERGENCY RENTAL ASSISTANCE PG Emergency Rental Assistance Program 09/2025 Ongoing; POP through September 2025 569,100 18218780 Community Development 227400 HOME-ARP PROGRAM FEDERAL GRANT HOME - ARP Federal Grant Program - Admin 09/2030 In Progress; used as projects are being managed 691,106 18218780 Community Development 237401 HOME-ARP PROGRAM FEDERAL GRANT N Broadway Housing Partners 09/2030 Program in progress 1,464,630 01214010 Police Department 234604 CANNABIS PUBLIC BENEFIT FUND GETAC Computers and Warranty 10/2024 Item received; payment pending 836,462 01213020 Parks & Recreation 242400 CANNABIS PUBLIC BENEFIT FUND Signage & Graphics Design At Zoo 12/2024 Items expected December 2024 7,400 10920149 Information Technology N/A INFORMATION TECHNOLOGY Aruba Quickstart Consulting 06/2025 Services not yet performed 42,130 12218717 Community Development 227757 EMERGENCY AND HEALTH GRANTS City Net Agreement 10/2026 HHAP Agreement is valid through October 2026 2,000,398 12218717 Community Development 227750 EMERGENCY AND HEALTH GRANTS Carnegie Shelter Security 06/2025 Initial term of agreement valid through June 2025 105,376 12218718 Community Development 237753 EMERGENCY AND HEALTH GRANTS Carnegie Shelter Illumination Services 04/2025 Grant Subrecipient 1,585,057 12318763 Community Development Various WORKFORCE INNOV AND OPP ACT OC Childrens 06/2025 Grant Subrecipient 107,859 12514407 Police Department 224312 OES UASI Utility Response Training 05/2025 Services not yet provided 13,460 12814409 Police Department 234616 LAW ENFORCEMENT GRANTS PAAL Refrigerator, Freezer, Table, and Custom Canopy 12/2024 Items expected December 2024 6,358 12814407 Police Department 224503 LAW ENFORCEMENT GRANTS The Wrap Safe Restraints 12/2024 Item not received with no current estimated arrival date 43,652 13518780 Community Development 247503 COMMUNITY DEV BLOCK GRANT/ESG Fair Housing Services 09/2024 CDBG Grant sub-receipient 25,574 13518782 Community Development 247526 COMMUNITY DEV BLOCK GRANT/ESG Habitat For Humanity Services 12/2024 CDBG Grant sub-receipient 415,625 13518783 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Delhi Community Center Services 09/2024 CDBG Grant sub-receipient 27,821 13518783 Community Development 247505 COMMUNITY DEV BLOCK GRANT/ESG Radiant Health Services 09/2024 CDBG Grant sub-receipient 5,905 City Council 8 – 27 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount 13518783 Community Development Variou COMMUNITY DEV BLOCK GRANT/ESG Wise Place Services 09/2024 CDBG Grant sub-receipient 12,286 13518783 Community Development 247515 COMMUNITY DEV BLOCK GRANT/ESG Human Options Services 09/2024 CDBG Grant sub-receipient 12,231 13518783 Community Development 247520 COMMUNITY DEV BLOCK GRANT/ESG Orange County Children Services 09/2024 CDBG Grant sub-receipient 40,016 13518783 Community Development 247511 COMMUNITY DEV BLOCK GRANT/ESG Legal Aid Society of Orange County Services 09/2024 CDBG Grant sub-receipient 10,716 13518783 Community Development 247507 COMMUNITY DEV BLOCK GRANT/ESG Boys & Girls Club Services 09/2024 CDBG Grant sub-receipient 3,566 13518783 Community Development 247524 COMMUNITY DEV BLOCK GRANT/ESG The Cambodian Fam Services 09/2024 CDBG Grant sub-receipient 9,019 13518783 Community Development 247521 COMMUNITY DEV BLOCK GRANT/ESG Public Law Center Services 09/2024 CDBG Grant sub-receipient 29,388 13518783 Community Development 247518 COMMUNITY DEV BLOCK GRANT/ESG Natis House Services 09/2024 CDBG Grant sub-receipient 16,472 13518783 Community Development 247510 COMMUNITY DEV BLOCK GRANT/ESG Community Health Services 09/2024 CDBG Grant sub-receipient 15,969 13518783 Community Development 247509 COMMUNITY DEV BLOCK GRANT/ESG Community Action Services 09/2024 CDBG Grant sub-receipient 17,105 13518783 Community Development 247516 COMMUNITY DEV BLOCK GRANT/ESG Lutheran Social Services 09/2024 CDBG Grant sub-receipient 23,012 13518783 Community Development 247514 COMMUNITY DEV BLOCK GRANT/ESG Girls Incorporate Services 09/2024 CDBG Grant sub-receipient 17,394 13518783 Community Development 247508 COMMUNITY DEV BLOCK GRANT/ESG Casa De La Familia Services 09/2024 CDBG Grant sub-receipient 13,447 13518783 Community Development 247517 COMMUNITY DEV BLOCK GRANT/ESG Moms Orange County Services 09/2024 CDBG Grant sub-receipient 9,030 13518783 Community Development 247522 COMMUNITY DEV BLOCK GRANT/ESG Standup For Kids Services 09/2024 CDBG Grant sub-receipient 470 13518785 Community Development 247603 COMMUNITY DEV BLOCK GRANT/ESG Interval House Services 09/2025 CDBG Grant sub-receipient 39,135 13518785 Community Development 247602 COMMUNITY DEV BLOCK GRANT/ESG United Way Of Orange County Services 09/2025 CDBG Grant sub-receipient 43,933 13518785 Community Development 247605 COMMUNITY DEV BLOCK GRANT/ESG Wise Place Services 09/2025 CDBG Grant sub-receipient 22,133 13518785 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG The Illumination Services 12/2024 CDBG Grant sub-receipient 91,610 14817615 Public Works 196948 TRAFFIC SYSTEM MGMT GRANT Walk 'N Rollers 02/2026 Item not received with no current estimated arrival date 91,300 16517611 Public Works 246984 OFFICE OF SAFETY GRANT Charitable Ventures of Orange County 12/2025 Grant sub-receipient 99,903 16913265 Parks & Recreation N/A RECREATION GRANTS FUND PRCSA Health Grant (NRPA)12/2024 Pending final purchase of a refrigerator.4,087 18318763 Community Development 237051 ARPA - CA FOR ALL YOUTH WDP Orange County Conservation Corps 09/2024 Grant sub-receipient 250,000 18318763 Community Development 237051 ARPA - CA FOR ALL YOUTH WDP Working Wardrobes 09/2024 Grant sub-receipient 120,000 City Council 8 – 28 10/1/2024 List of Requests to Carryover Unspent Appropriations FY23-24 Balances to FY24-25 As of August 06, 2024 Accounting Unit Department Project Activity #Fund Description Project Description Est. Completion Date Project Status Increase from Original Funding Amount Change in Purpose from Original Funding Source Carry Forward Up To Amount Summary By Department Department Sum of Carry Forward City Attorney 296,445 City Manager 2,461,197 Community Development 42,778,549 Finance 607,993 Fire & EMS 5,422,928 Human Resources 105,000 Information Technology 4,234,916 Library 39,631,927 Non-Departmental 14,000,000 Parks & Recreation 52,911,207 Planning & Building 4,096,345 Police Department 7,423,904 Public Works 268,752,985 Grand Total 442,723,397 City Council 8 – 29 10/1/2024 List of Requests to Carryover Unspent Appropriations by Fund FY23-24 Balances to FY24-25 As of August 6, 2024 FY23-24 Fund Fund Name Budget Expenditures Available Balance as of August 06, 2024 Carry Forward Up To Amount 011 General Fund - City Manager 3,637,880 3,496,476 141,404 140,000 011 General Fund - General Non-Departmental 50,423,979 33,546,550 16,877,429 14,170,000 011 General Fund - City Attorney 4,470,880 3,279,935 1,190,945 296,445 011 General Fund - Human Resources Services 4,490,140 3,819,208 670,932 105,000 011 General Fund - Finance 12,867,132 11,962,177 904,955 392,000 011 General Fund - Library Services 13,040,751 7,317,610 5,723,141 5,714,278 011 General Fund - Recreation & Community Services 29,403,747 15,562,022 13,841,725 13,841,691 011 General Fund - Police Department 152,846,595 151,208,370 1,638,225 1,244,640 011 General Fund - Fire Department 48,316,904 44,799,124 3,517,780 2,859,428 011 General Fund - Planning & Building 23,029,319 17,970,653 5,058,666 3,400,334 011 General Fund - PWA 76,756,578 54,470,236 22,286,342 21,663,959 011 General Fund - Community Development 8,408,776 4,760,970 3,647,806 2,788,431 012 Cannabis Set-Aside - Library 4,516,771 879,135 3,637,636 3,637,637 012 Cannabis Set-Aside - Parks, Rec, & Comm Serv 20,889,355 7,389,540 13,499,815 13,499,556 012 Cannabis Set-Aside - Police 4,619,536 2,866,652 1,752,884 1,099,267 012 Cannabis Set-Aside - Planning & Building 1,387,520 929,326 458,194 196,254 022 PRCSA FEES & DONATION 1,060,935 833,245 227,690 193,517 027 PARKING FUND 4,914,080 4,549,423 364,657 50,674 029 SPECIAL GAS TAX 45,151,871 18,123,316 27,028,555 303,745 031 AIR QUALITY IMPR. (AB 2766)2,070,114 756,218 1,313,896 954,127 032 MEASURE M-STREET CONSTRUCTION 59,397,409 8,799,539 50,597,870 50,230,835 034 NEW TRANSPO SYS IMPR AREA E 1,489,166 2,617 1,486,549 218,692 035 NEW TRANSPO SYS IMPR AREA F 1,680,937 219,161 1,461,776 885,335 051 CAPITAL OUTLAY FUND 3,942,266 1,509,847 2,432,419 2,496,402 054 SANITARY SEWER CAPITAL 13,148,985 2,266,611 10,882,374 9,247,908 055 SEWER CONNECTION FEE 4,004,743 823,305 3,181,438 3,155,702 056 SANITARY SEWER SERVICE 11,123,288 7,935,760 3,187,528 167,490 057 FED CLEAN WATER PROTECTION ENT 6,958,605 4,736,092 2,222,513 921,809 058 RESIDENTIAL STREET IMPROVEMENT 1,078,870 1,058,708 20,162 20,162 059 SELECT STREET CONSTRUCTION 54,484,254 13,106,595 41,377,659 39,107,002 060 WATER REVENUE 94,191,431 87,858,919 6,332,512 1,304,183 (A)066 ACQUISITION & CONSTRUCTION 44,454,759 27,052,270 17,402,489 20,208,729 067 REGIONAL TRANSP CENTER 3,854,447 2,082,772 1,771,675 1,771,675 068 SANITATION FUND 8,416,093 7,693,386 722,707 109,546 069 REFUSE COLLECTION SERVICE 22,145,892 19,669,984 2,475,908 1,448,236 070 EQUIPMENT REPLACEMENT 4,973,829 1,666,205 3,307,624 3,099,703 101 PUB WKS-ADMIN & PLANNING 9,227,160 7,879,644 1,347,516 159,257 109 INFORMATION TECHNOLOGY 17,845,708 9,306,056 8,539,652 2,636,158 120 FIRE FACILITIES FUND 3,537,959 974,489 2,563,470 2,563,500 122 EMERGENCY AND HEALTH GRANTS 16,084,584 6,104,338 9,980,246 9,440,305 123 WORKFORCE INNOV AND OPP ACT 4,100,968 2,583,801 1,517,167 1,364,508 125 OES UASI 6,883,646 3,472,388 3,411,258 2,576,032 127 D.O.J. GRANT FUND 224,378 50,593 173,785 64,407 128 LAW ENFORCEMENT GRANTS 2,679,661 663,873 2,015,788 2,015,787 130 HOME PROGRAM FEDERAL GRANT 8,969,319 384,583 8,584,736 8,584,736 131 MISC GRANTS 100,000 - 100,000 100,000 135 COMMUNITY DEV BLOCK GRANT 10,733,347 6,054,014 4,679,333 4,929,014 140 HOUSING AUTHORITY-VOUCHER ADM 4,767,570 4,495,395 272,175 129,575 143 CALHOME MFGD HSG LOAN 762,979 487,810 395,169 377,779 144 PRISON TO EMPLOYMENT PROGRAM 927,350 96,879 830,471 259,692 145 RENTAL REHABILITATION GRANT 38,653 - 38,653 38,652 147 FEDERAL AID SAFETY PROGRAM 794,129 641,315 152,814 152,815 148 TRAFFIC SYSTEM MGMT GRANT 67,355,466 7,000,079 60,986,634 60,985,106 152 PUBLIC LIBRARY GRANT FUND 10,402,144 150,884 10,251,260 10,251,259 158 PLANNING GRANTS PROGRAM 7,681,403 7,215,686 465,717 318,300 161 PRCSA CAPITAL GRANTS 10,638,376 3,940,131 6,698,245 6,559,068 EXHIBIT 2 City Council 8 – 30 10/1/2024 List of Requests to Carryover Unspent Appropriations by Fund FY23-24 Balances to FY24-25 As of August 6, 2024 FY23-24 Fund Fund Name Budget Expenditures Available Balance as of August 06, 2024 Carry Forward Up To Amount 164 PUB WKS-WTR QUALITY & CONTROL 27,032,328 8,137,758 18,894,570 18,894,568 165 OFFICE OF SAFETY GRANT 1,181,557 857,889 323,668 143,803 169 RECREATION GRANTS FUND 812,567 282,514 530,053 4,087 177 EMERGENCY RENTAL ASSISTANCE PG 2,966,378 18,466 2,947,912 569,100 181 AMERICAN RESCUE PLAN ACT(ARPA)95,617,153 32,480,024 63,137,129 59,589,098 182 HOME-ARP PROGRAM FEDERAL GRANT 2,228,935 9,109 2,219,826 2,155,736 183 ARPA - CA FOR ALL YOUTH WDP 3,325,242 2,343,123 982,119 370,000 223 LOCAL DRAINAGE AREA III 287,000 217,554 69,446 69,446 224 LOCAL DRAINAGE AREA IV 399,105 2,046 397,059 397,055 226 LOCAL DRAINAGE AREA VI 150,000 50,371 99,629 99,629 311 RESIDENTIAL DEVELOP DISTRICT 1 685,251 127,638 557,613 172,362 312 RESIDENTIAL DEVELOP DISTRICT 2 2,073,108 436,191 1,636,917 1,603,260 313 RESIDENTIAL DEVELOP DISTRICT 3 14,634,975 1,331,950 13,303,025 13,028,467 314 RESIDENTIAL DEVELOP DISTRICT 4 468,722 - 468,722 468,722 315 RESIDENTIAL DEV HARBOR SPECFIC 1,433,482 670,980 762,502 762,502 418 CDA CAPITAL PROJECTS 10,859,703 3,856,799 7,002,904 7,002,904 991 TRAN SYS IMP AUT Area A 839,168 5,117 834,051 834,051 992 TRAN SYS IMP AUT AREA B 2,697,817 589,553 2,108,264 2,108,265 Total 1,199,095,128 687,921,000 511,925,375 442,723,397 Notes: (A)Projects are funded by Water Revenue Fund. Water Revenue Fund has enough balance available for carryover. City Council 8 – 31 10/1/2024 Finance and Management Services www.santa-ana.org/finance Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Bottled Water and Related Products AGENDA TITLE Citywide Purchase Order with DS Services of America, Inc. dba Primo Water North America for Bottled Water and Related Products (Specification No. 24-093) (General Fund and Non-General Fund) RECOMMENDED ACTION Award citywide purchase order to DS Services of America, Inc. dba Primo Water North America for bottled water and related products for a term beginning on October 2, 2024 and expiring February 29, 2028, in an annual amount not to exceed $50,000. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Purchasing Division establishes annual citywide purchase orders with vendors that provide services and materials required by City Agencies on a recurring basis. The City currently provides bottled water and related products for staff working in the field, as well as for various public-facing meetings and events. The City’s Stores facility closed on June 30, 2024 and each City department will now procure, store, and distribute bottled water to their staff working in the field. Bottled water was previously provided by Stores and is required for daily operations. Other City departments require bottled water to provide at various community meetings and events. To facilitate these recurring procurements on an as-needed basis, establishing a citywide purchase order would allow each Agency to order bottled water against an established contract and ensure sufficient resources are readily available for staff. The need for bottled water historically fluctuates depending on weather conditions and number of planned events and meetings. With Primo Water North America, City departments are able to create accounts for their locations and schedule regular and special deliveries. Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. County of Orange, a cooperative government purchasing agency, awarded a contract to DS Services of City Council 9 – 1 10/1/2024 Bottled Water and Related Products October 1, 2024 Page 2 4 5 7 7 6 3 4 America, Inc. dba Primo Water North America (RCA-017-22010155) as a result of open, competitive bidding on behalf of its members, which includes government agencies. Purchasing Staff researched available procurement options, and determined that DS Services of America, Inc. dba Primo Water North America meets the City’s specifications and can consistently provide the bottled water and related products to be utilized by the City at contracted pricing. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain vetted, high quality products at competitive volume pricing, and is in accordance with the City’s existing Purchasing Guidelines. Therefore, staff recommends awarding a contract to Primo Water North America for an annual not-to-exceed amount of $50,000, and a total contract not-to-exceed amount of $200,000 during the entire term of the contract term. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The Proposed FY 2024-25 budget includes allocations to fund an estimated amount of $50,000 in the accounts listed below as well as other various departmental Miscellaneous Operating Expense accounts (no. 63001) depending on City departments’ needs. Future fiscal year funding for a total amount not to exceed $200,000 will be included in the proposed budgets for City Council consideration. Prior to utilizing the citywide contracts, the requesting departments will follow the Purchasing Policies and Procedures (Policy) and ensure funds are available. Upon successful completion of the fiscal review, the Purchasing Division will approve orders in accordance with the Policy. Department / Division Account CDA – Parking Meter 02718131-63001 City Council 01104012-63001 FMSA – Treasury / Customer Services 01110130-63001 HR Services 01109050-63001 PBA – Community Preservation 01116540-63001 PBA – PREP 01116550-63001 PBA – Permit & Insurance Services 01116520-63001 PRCSA – Recreation & Community Services 01113230-63001 PWA - Traffic 01117620-63001 PWA – St Trees 01117643-63001 PWA – Building Maintenance 07317100-63001 PWA – Sanitary Sewer Service 05617640-63001 PWA – Water Production & Supply 06017640-63001 PWA – Water System Maintenance 06017641-63001 PWA – Water Quality 06017644-63001 PWA – Water Admin/Engineering 06017645-63001 City Council 9 – 2 10/1/2024 Bottled Water and Related Products October 1, 2024 Page 3 4 5 7 7 6 3 4 PWA – Water Meter Services 06017646-63001 EXHIBIT(S) 1. County of Orange Regional Cooperative Agreement No. RCA-017-22010155 Submitted By: Kathryn Downs, Finance and Management Services Agency Executive Director Approved By: Alvaro Nuñez, City Manager City Council 9 – 3 10/1/2024 County of Orange Page 1 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 REGIONAL COOPERATIVE AGREEMENT (RCA) CONTRACT NUMBER RCA-017-22010155 BETWEEN COUNTY OF ORANGE/COUNTY PROCUREMENT OFFICE AND DS SERVICES OF AMERICA, INC., DBA PRIMO WATER NORTH AMERICA FOR BOTTLED WATER AND RELATED PRODUCTS This Contract RCA-017-22010155 for Bottled Water and Related Products (“Contract”) is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California, (“County”) and DS Services of America, Inc., doing business as Primo Water North America, a state of Delaware corporation (“Contractor”) with a County and Contractor sometimes referred to individually as (“Party”) or collectively as (“Parties”). ATTACHMENTS This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract: Attachment A – Scope of Work Attachment B – Pricing and Compensation RECITALS WHEREAS, Contractor and County are entering into this Contract for Bottled Water and Related Products under a usage Contract; and, WHEREAS, County solicited Contract for Bottled Water and Related Products as set forth herein, and Contractor represented that it is qualified to provide Bottled Water and Related Products to the County as further set forth here; and, WHEREAS, Contractor agrees to provide Bottled Water and Related Products to the County as further set forth in the Scope of Work, attached hereto as Attachment A; and, WHEREAS, County agrees to pay Contractor based on the schedule of fees set forth in Payment/Compensation, attached hereto as Attachment B; and, NOW, THEREFORE, the Parties mutually agree as follows ARTICLES GENERAL TERMS AND CONDITIONS: A.GOVERNING LAW AND VENUE: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county. B.ENTIRE CONTRACT: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County EXHIBIT 1 City Council 9 – 4 10/1/2024 County of Orange Page 2 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County’s Purchasing Agent or designee. C. AMENDMENTS: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. D. TAXES: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment. The Auditor-Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to the Contractor. E. DELIVERY: Time of delivery of goods or services is of the essence in this Contract. County reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed statement of work. Acceptance of any part of the order for goods shall not bind County to accept future shipments nor deprive it of the right to return goods already accepted at Contractor’s expense. Over shipments and under shipments of goods shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by County. F. ACCEPTANCE/PAYMENT: Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the services have actually been rendered, inspected, and tested to the satisfaction of County, and 2) payment shall be made after satisfactory acceptance. G. WARRANTY: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold County and its indemnities as identified in Article “Z” below, and as more fully described in Article “Z,” harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law. H. PATENT/COPYRIGHT MATERIALS/PROPRIETARY INFRINGEMENT: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in Article “Z” below, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claim s and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees. I. ASSIGNMENT: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of County. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract. City Council 9 – 5 10/1/2024 County of Orange Page 3 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 J. NON-DISCRIMINATION: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code. K. TERMINATI ON: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Contractor. Exercise by County of its right to terminate the Contract shall relieve County of all further obligations. L. CONSENT TO BREACH NOT WAIVER: No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. M. INDEPENDENT CONTRACTOR: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of County. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through County. N. PERFORMANCE WARRANTY: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with perform ance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors. O. INSURANCE PROVISION: Contractor will need to comply with the following insurance requirements if making the deliveries to the County of Orange. No insurance is required if a common carrier makes deliveries to the County of Orange. Prior to the provision of services under this Contract, the Contractor agrees to purchase all required insurance at Contractor’s expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Contractor agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit with the County during the entire term of this Contract. In addition, all subcontractors performing work on behalf of Contractor pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall ensure that all subcontractors performing work on behalf of Contractor purs uant to this Contract shall be covered under Contractor’s insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through the entirety of this Contract for inspection by County representative(s) at any reasonable time. City Council 9 – 6 10/1/2024 County of Orange Page 4 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any self- insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the County’s Risk Manager, or designee, upon review of Contractor’s current audited financial report. If Contractor’s SIR is approved, Contractor, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following: 1. In addition to the duty to indemnify and hold the County harmless against any and all liability, claim, demand or suit resulting from Contractor’s, its agents, employee’s or subcontractor’s performance of this Contract, Contractor shall defend the County at its sole cost and expense with counsel approved by Board of Supervisors against same; and 2. Contractor’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the Contractor’s SIR provision shall be interpreted as though the Contractor was an insurer and the County was the insured. If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract. Qualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below: Coverage Minimum Limits Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate Automobile Liability including coverage for owned, non-owned and hired vehicles $1,000,000 per occurrence Workers Compensation Statutory Employers Liability Insurance $1,000,000 per occurrence Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: City Council 9 – 7 10/1/2024 County of Orange Page 5 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 1. An Additional Insured endorsement using ISO form CG 20 26 04 13or a form at least as broad naming the County of Orange its elected and appointed officials, officers, agents and employees as Additional Insureds, or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT. 2. A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Contractor’s insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing. The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT. All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. Contractor shall notify County in writing within thirty (30) days of any policy cancellation and ten (10) days for non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract. The Commercial General Liability policy shall contain a “Severability of Interests” clause also known as a “Separation of Insureds” clause (standard in the ISO CG 0001 policy). Insurance certificates should be forwarded to the agency/department address listed on the solicitation. If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Procurement or the agency/department procurement division, award may be made to the next qualified vendor. Insurance certificates should be emailed to CEOCPOInsurance@ocgov.com. Insurance certificates should state: County of Orange c/o: CEO/County Procurement Office Attn: Insurance 400 West Civic Center Drive, 5th Floor Santa Ana, CA 92701 County expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County. County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable Certificates of Insurance and endorsements with County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and County shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer Contractor will need to comply with the following insurance requirements if making the deliveries to the County of Orange. No insurance is required if a common carrier makes deliveries to the County of Orange. City Council 9 – 8 10/1/2024 County of Orange Page 6 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 P. CHANGES: Contractor shall make no changes in the work or perform any additional work without the County’s specific written approval. Q. CHANGE OF OWNERSHIP: Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and the County agrees to an assignment of the Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of the County. County reserves the right to immediately terminate the Contract in the event the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services under the Contract. In addition, Contractor has the duty to notify the County in writing of any change in the Contractor’s status with respect to name changes that do not require an assignment of the Contract. The Contractor is also obligated to notify the County in writing if the Contractor becomes a party to any litigation against the County, or a party to litigation that may reasonably affect the Contractor’s performance under the Contract, as well as any potential conflicts of interest between Contractor and County that may arise prior to or during the period of Contract performance. While Contractor will be required to provide this information without prompting from the County any time there is a change in Contractor’s name, conflict of interest or litigation status, Contractor must also provide an update to the County of its status in these areas whenever requested by the County. The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with County interests. In addition to the Contractor, this obligation shall apply to the Contractor’s employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. The Contractor’s efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their County. R. FORCE MAJEURE: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Contractor avails himself of any available remedies. S. CONFIDENTIALITY: Contractor agrees to maintain the confidentiality of all County and County- related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees. T. COMPLIANCE WITH LAWS: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Contractor acknowledges that County is relying on Contractor to ensure such compliance, and pursuant to the requirements of Article “Z” below, Contractor agrees that it shall defend, indemnify and hold County and County INDEMNITEES harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws. U. FREIGHT (F.O.B. DESTINATION): Prior to the County’s express acceptance of delivery of products, Contractor assumes full responsibility for all transportation, transportation scheduling, City Council 9 – 9 10/1/2024 County of Orange Page 7 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. V. SEVERABILITY : If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. W. ATTORNEY FEES: In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney’s fees, costs and expenses. X. INTERPRETATION: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the parties and this Contract. Y. EMPLOYEE ELIGIBILITY VERIFICATION: Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. Z. INDEMNIFICATION PROVISIONS: Contractor agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board (“County Indemnitees”) harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Contractor pursuant to this Contract. If judgment is entered against Contractor and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Contractor and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. AA. AUDITS/INSPECTIONS: Contractor agrees to permit the County’s Auditor-Controller or the Auditor-Controller’s authorized representative (including auditors from a private auditing firm hired by the County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The County will provide reasonable notice of such an audit or inspection. City Council 9 – 10 10/1/2024 County of Orange Page 8 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 BB. CONTINGENCY OF FUNDS: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County’s Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty. CC. EXPENDITURE LIMIT: Contractor shall notify the County of Orange assigned Deputy Purchasing Agent in writing when the expenditures against the Contract reach 75 percent of the dollar limit on the Contract. The County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on the Contract unless a change order to cover those costs has been issued. ADDITIONAL TERMS AND CONDITIONS: 1. SCOPE OF CONTRACT: This Contract specifies the contractual terms and conditions by which the County will procure goods/services from Contractor as further detailed in the Scope of Work, identified and incorporated herein by this reference as Attachment A. 2. TERM OF CONTRACT: The initial term of this Contract shall become effective March 1, 2023 and shall continue for five (5) calendar years, unless otherwise terminated by County. 3. AMERICANS WITH DISABILITIES ACT (ADA): Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities 4. AUTHORIZATION WARRANTY: The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority 5. BREACH OF CONTRACT: The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: a. Terminate the Contract immediately, pursuant to Section K herein; b. Afford the Contractor written notice of the breach and ten calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c. Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and d. Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above. 6. CAL-OSHA VEHICLE REGULATION: All vehicles must meet California Motor Vehicle and Cal- OSHA regulations and all other applicable codes required for vehicle use on the roads or highways in the state of California. 7. CIVIL RIGHTS: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability. City Council 9 – 11 10/1/2024 County of Orange Page 9 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 8. CONFLICT OF INTEREST–CONTRACTOR’S PERSONNEL: The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County. 9. CONFLICT OF INTEREST– COUNTY PERSONNEL: The County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. The Contractor shall not, during the period of this Contract, employ any County employee for any purpose. 10. CONTRACTOR WORK HOURS AND SAFETY STANDARDS: The Contractor shall ensure compliance with all safety and hourly requirements for employees in accordance with federal, state and County’s safety regulations and laws. 11. CONTRACTOR PERSONNEL REFERENCE CHECK: The Contractor warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract. Contractor’s employees assigned to this project must meet character standards as demonstrated by background investigation and reference checks, coordinated by the agency/department issuing this Contract. 12. CONTRACTOR’S EXPENSE: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on County sites during the performance of work and services under this Contract. The County will not provide free parking for any service in the County Civic Center. 13. CONTRACTOR PERSONNEL UNIFORMS/BADGES/IDENTIFICATION: The Contractor warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract. All Contractor’s employees shall be required to wear uniforms, badges or other means of identification which are to be furnished by the contractor and must be worn at all times while working on County property. The assigned Deputy Purchasing Agent must be notified in writing, within seven days of notification of award of Contract, of the uniform and/or badges and/or other identification to be worn by employees prior to beginning work and notified in writing seven days prior to any changes in this procedure. 14. CONTRACTOR’S RECORDS: The Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by the Contractor in accordance with generally accepted accounting principles. These records shall be stored in Orange County for a period of three (3) years after final payment is received from the County. Storage of records in another county will require written approval from the County of Orange assigned Deputy Purchasing DPA. 15. CONDITIONS AFFECTING WORK: Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions, which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to the County. The County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract. 16. COUNTY OF ORANGE LOCAL SMALL BUSINESS PREFERENCE REQUIREMENTS: Contractor certifies it is in compliance with County of Orange Local Small Business Preference requirements at the time this Contract is executed. City Council 9 – 12 10/1/2024 County of Orange Page 10 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 17. DATA – TITLE TO: All materials, documents, data or information obtained from the County data files or any County medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract. 18. DEBARMENT: Contractor shall certify that neither Contractor nor its principles are presently debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in the transaction by any Federal department or agency. Where Contractor as the recipient of federal funds, in unable to certify to any of the statements in the certification, Contractor must include an explanation with the bid/proposal. Debarment pending debarment, declared ineligibility or voluntary exclusion from participation by any Federal department of agency may result in the bid/proposal being deemed non-responsible. 19. DEFAULT: In case of default by Contractor, the County of Orange may procure the services from other sources. If the cost for those goods and/or services is higher than under the terms of the existing Contract, Contractor will be responsible for paying the County the difference between the Contract cost and the price paid, and the County may deduct this cost from any unpaid balance due the Contractor. The price paid by the County shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law. 20. DELIVERY LOCATION – NO LOADING DOCK: Delivery locations may not have loading docks. The Contractor is required to make all necessary arrangements for lift trucks or other means necessary to complete delivery. Inside delivery to secured facilities may be required. 21. COUNTY OF ORANGE DISABLED VETERAN BUSINESS ENTERPRISE PREFERENCE REQUIREMENTS: Contractor certifies it is in compliance with County of Orange Disable Veteran Business Enterprise Preference requirements at the time this Contract is executed. 22. DISPUTES – CONTRACT: a. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the County‘s Project Manager, such matter shall be brought to the attention of the County Deputy Purchasing Agent by way of the following process: i. Contractor shall submit to the agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision. ii. Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable. b. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the provision of services under this Contract. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County Deputy Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. Nothing in this section shall be construed City Council 9 – 13 10/1/2024 County of Orange Page 11 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 as affecting the County’s right to terminate the Contract for cause or termination for convenience as stated in section K herein. 23. DRUG-FREE WORKPLACE: The Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The Contractor will: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1). b. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following: i. The dangers of drug abuse in the workplace; ii. The organization’s policy of maintaining a drug-free workplace; iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. c. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract: i. Will receive a copy of the company’s drug-free policy statement; and ii. Will agree to abide by the terms of the company’s statement as a condition of employment under this Contract. d. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the Contract or both, and the Contractor may be ineligible for award of any future County contracts if the County determines that any of the following has occurred: i. The Contractor has made false certification, or ii. The Contractor violates the certification by failing to carry out the requirements as noted above. 24. ERRORS AND OMISSIONS: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as project manager and key personnel attached hereto, prior to submission to the County. Contractor agrees that County review is discretionary, and Contractor shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after County approval thereof, County approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor, and the reports, files or documents will be returned to Contractor for correction 26. EQUAL EMPLOYMENT OPPORTUNITY: Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. The Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition. Regarding handicapped persons, the Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to provide City Council 9 – 14 10/1/2024 County of Orange Page 12 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future. Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future. 27. EQUIPMENT MAINTENANCE SERVICE: Cleaning, inspecting, replacing all worn parts, lubricating, testing, and adjusting will be provided as required to maintain the equipment in satisfactory operating condition. The Contractor inspections will be completed during County work hours and will be coordinated with the agency/department having control of the equipment. Emergency service required and performed during normal business hours is included at no extra charge. The Contractor shall list any parts that are not considered part of this equipment maintenance price agreement. 28. GRATUITIES: Contractor warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the County with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the County shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the County in procuring on the open market any goods or services which the Contractor agreed to supply shall be borne and paid for by the Contractor. The rights and remedies of the County provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract. 29. HAZARDOUS CONDITIONS: Whenever the Contractor’s operations create a condition hazardous to traffic or to the public, the Contractor shall provide flagmen and furnish, erect and maintain control devices as are necessary to prevent accidents or damage or injury to the public at Contractor’s expense and without cost to the County. The Contractor shall comply with County directives regarding potential hazards. Emergency lights and traffic cones must also be readily available at all times and must be used in any hazardous condition. Emergency traffic cones must be placed in front of and behind vehicles to warn oncoming traffic. Signs, lights, flags, and other warning and safety devices shall conform to the requirements set forth in Chapter 5 of the current traffic manual, Traffic Control for Construction and Maintenance Work Zones, published by the state of California Department of Transportation. 30. INTERPRETATION: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of City Council 9 – 15 10/1/2024 County of Orange Page 13 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract. 31. LOBBYING: On the best information and belief, Contractor certifies no federal appropriated funds have been paid or will be paid by, or on behalf of, the Contractor to any person influencing or attempting to influence an officer or employee of Congress; or an employee of a member of Congress in connection with the awarding of any federal contract, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 32. MATERIAL SAFETY DATA SHEETS (MSDS): The Contractor is required to provide a completed Material Safety Data Sheet (MSDS) for each hazardous substance provided to the County under the Contractor’s Contract with the County. This includes hazardous substances that are not directly included in the Contract but are included in the goods or services provided by the Contractor to the County. The provision of the MSDSs must be in accordance with the requirements of California Labor Code Sections 6380 through 6399, General Industry Safety Order Section 5194, and Title 8, California Code of Regulations. The MSDSs for each substance must be sent to the place of shipment or provision of goods/services and must also be sent to: County of Orange CEO/Risk Management Attn: Safety and Loss Prevention Program PO Box 327 Santa Ana, CA 92702 33. NEWS/INFORMATION RELEASE: Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from the County through the County’s Project manager. 34. NOTICES: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course of the parties’ project managers’ routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. Contractor: DS Services of America, DBA Primo Water North America Attn: Anthony Baza-Fainn 2300 Windy Ridge Pkwy, Ste. 500N Atlanta, GA 30339 Phone: (770) 984-6948 Email: abaza-fainn@primowater.com For County: County of Orange County Procurement Office Attn: Robert Esparza, Deputy Purchasing Agent 400 West Civic Center Drive, 5th Floor Santa Ana, CA 92701 Phone: (714)-567-5153 Email: Robert.Esparza@ocgov.com 35. ORDER DATES: Orders may be placed during the term of the Contract even if delivery may not City Council 9 – 16 10/1/2024 County of Orange Page 14 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to County and the order date must precede the expiration date of the Contract. 36. OWNERSHIP OF DOCUMENTS: County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the County and may be used by the County as it may require without additional cost to the County. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the County. 37. PRECEDENCE: The Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments. 38. PROJECT MANAGER, COUNTY: The County shall appoint a project manager to act as liaison between the County and the Contractor during the term of this Contract. The County’s project manager shall coordinate the activities of the County staff assigned to work with the Contractor. The County’s project manager shall have the right to require the removal and replacement of the Contractor’s project manager and key personnel. The County’s project manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) business days after written notice from the County’s project manager. The County’s project manager shall review and approve the appointment of the replacement for the Contractor’s project manager and key personnel. Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under the Contract. 39. PROJECT MANAGER AND KEY PERSONNEL, CONTRACTOR: Contractor shall appoint a Project Manager to direct the Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by the County and shall not be changed without the written consent of the County’s Project Manager, which consent shall not be unreasonably withheld. The Contractor’s Project Manager shall be assigned to this project for the duration of the Contract and shall diligently pursue all work and services to meet the project time lines. The County’s Project Manager shall have the right to require the removal and replacement of the Contractor’s Project Manager from providing services to the County under this Contract. The County’s Project manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) business days after written notice by the County’s Project Manager. The County’s Project Manager shall review and approve the appointment of the replacement for the Contractor’s Project Manager. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further services under the Contract. 40. REGIONAL COOPERATIVE CONTRACT: The provisions and pricing of this Contract will be extended to other governmental entities. Governmental entities wishing to use this Contract will be responsible for issuing their own purchase documents, providing for their own acceptance, and making any subsequent payments. Contractor shall be required to include in any subordinate contract entered into with another governmental entity pursuant to this Contract, a contract clause that will hold harmless the County of Orange from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of this Contract. Failure to do so will be considered a material breach of this Contract and grounds for immediate Contract termination. Governmental entities are responsible for obtaining all certificates of insurance, endorsements and bonds required. The Parties agree that any other governmental entity utilizing this Contract shall not be deemed to be an agent or City Council 9 – 17 10/1/2024 County of Orange Page 15 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 employee of County for any purpose whatsoever. The Contractor is responsible for providing each governmental entity a copy of this Contract upon request. The County of Orange makes no guarantee of usage by other users of this Contract. The Contractor shall be required to maintain a list of the County of Orange departments and governmental entities using this Contract. The list shall report dollar volumes spent annually and shall be provided on an annual basis to the County, at the County’s request. 41. SUB-CONTRACTING: No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the County. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the County shall be invalid and shall constitute a breach of this Contract. In the event that the Contractor is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor and shall incorporate by reference the terms of this Contract. The County shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the County of Orange. 42. SUBSTITUTIONS: The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior County written approval. 43. TERMINATION ORDERLY: After receipt of a termination notice from the County of Orange, the Contractor may submit to the County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by the County upon written request of the Contractor. Upon termination County agrees to pay the Contractor for all services performed prior to termination which meet the requirements of the Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in the Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of the Contract. 44. USAGE: No guarantee is given by the County to the Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. The Contractor agrees to supply services and/or commodities requested, as needed by the County of Orange, at rates/prices listed in the Contract, regardless of quantity requested. 45. USAGE REPORTS: The Contractor shall submit usage reports on an annual basis to the assigned Deputy Purchasing Agent of the County of Orange user agency/department. The usage report shall be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of the Contract term, or any subsequent renewal term, if applicable. 46. WAIVERS - CONTRACT: The failure of the County in any one or more instances to insist upon strict performance of any of the terms of this Contract or to exercise any option contained herein shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms or option on any future occasion. City Council 9 – 18 10/1/2024 City Council 9 – 19 10/1/2024 County of Orange Page 17 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 ATTACHMENT A SCOPE OF WORK I. GENERAL INFORMATION: The County of Orange is comprised of 22 Departments and over 18,000 employees located throughout the County. The County’s core businesses are public safety, public works, construction management, public health, environmental protection, regional planning, public assistance, social services and aviation. Contractor is to provide Bottled Water to various County facilities located throughout the County of Orange on an as needed basis and usage is not guaranteed. Facility locations may be added or deleted, and service hours modified at any given time. Each Department may have different hours of operations, but all non-urgent deliveries shall be done within regular County business hours. All emergency/urgent deliveries shall be coordinated with each respective ordering Department. Contractor is required to provide Bottled Water upon request by any County Department. II. CONTRACTOR RESPONSIBILITIES: A. Contractor shall possess all Federal, State and Local permits, licenses and approvals necessary to provide goods required in the Scope of Work. Any associated fees shall be the responsibility of the Contractor. B. Contractor shall perform all work in accordance with industry standards and California State Health and Safety Codes. C. Bottled water provided under this Contract shall be in compliance with all applicable Local, State and Federal Laws, Food and Drug Administration Regulations and any other rule applicable. D. Contractor shall provide a dedicated account manager/sales representative and/or inside customer service representative knowledgeable of the Contract products, to efficiently answer all County questions/inquiries. Contractor account manager/sales representative shall be available during regular business hours to assist County with placement of orders, follow-ups and any other areas requiring assistance within the realm of their responsibility. E. All pricing is to be F.O.B. DESTINATION. No shipping charges will be authorized for payment for items ordered against this Contract, including items listed under Additional Goods/Products. F. Contractor shall itemize all applicable Federal and State taxes, as well as any other applicable taxes/fees as separate line items when invoicing. No self-imposed fees shall be accepted. G. Contractor shall not charge County for urgent order requests, which will be delivered as promptly as possible. H. Contractor shall make delivery arrangements directly with the requesting Department at the location specified on the order. Deliveries are expected to be made in full. Approval for delivery of partial or incomplete orders shall be obtained prior to delivery from the department placing the order. Partial deliveries without approval may not be accepted and any charges incurred shall be the responsibility of the Contractor. I. Contractor shall notify respective ordering department of any order or delivery delays on requested items at the time of order is placed or as soon it is known. J. Contractor shall bill for items as per Attachment B- Pricing and Compensation. No exceptions shall be made. City Council 9 – 20 10/1/2024 County of Orange Page 18 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 K. Contractor shall be able to provide dispensers in various sizes and types as requested by each County Departments. (Example: Free-standing, countertop, 3-gallons, 5-gallons, etc.) L. Contractor shall provide bottled water and any other product/service listed on this Contract to Water Clubs established in County locations in accordance with Pricing and the Terms and Conditions of this Contract. M. Contractor shall invoice Water Club accounts according to the instructions provided by each “Water Club” coordinator. Contractor shall not invoice County for bottled water provided to Water Clubs. N. Contractor shall maintain, at Contractor’s expense, a telephone answering system, which, at a minimum, provides eight (8) hours per day, five (5) days per week, live coverage from the hours of 7:30 a.m. to 4:30 p.m. and/or an e-mail address to place all requests/orders, as well as a contact name and number for 24-hour access phone number for emergency orders. O. Contractor shall complete all work within regular County business hours, Monday through Friday 8:00 a.m. to 5:00 p.m., unless other arrangements are made by County Site Coordinator. Each Department may have different needs due to facility structure and/or hours of operations. Contractor shall accommodate requests based on each Facility needs and hours of operations. III. DELIVERY INSTRUCTIONS: A. Contractor shall deliver according to a predetermined schedule and/or as requested by each County Department. Delivery requirements may vary by location and shall be specified by each Site Coordinator/Department and accommodated by Contractor. All delivery schedules shall be mutually agreed upon between Contractor and each County Department. B. Contractor shall perform all deliveries and to act in a safe and professional manner, adhering to all applicable Local, State and Federal Laws and the Food and Drug Administration regulations. C. There are numerous locations that require delivery throughout the County, Contractor shall make delivery arrangements directly with the requesting Department at the location specified on the order. Water Clubs shall also have a site coordinator responsible to coordinate water club deliveries. D. Contractor shall not charge County for occasional emergency/urgent delivery of bottled water. IV. DELIVERY LOCATIONS: A. Contractor shall be responsible for any parking fees at time of delivery services. County shall not provide free parking for delivery services, parking fees will not be reimbursed, and parking passes shall not be issued. B. Contractor shall make delivery of goods to any and all County locations throughout the County; Contractor shall coordinate with ordering department accordingly. Contractor is required to make deliveries throughout entire County of Orange. C. Some delivery locations may not have loading docks. The Contractor is required to make all necessary arrangements and means necessary to complete delivery. Inside delivery to secured facilities may be required. D. Contractor shall make delivery of goods to any/all County facility throughout the County for Water Club members. V. CONTRACTOR PERSONNEL: A. All Contractor personnel shall be employees of the Contractor and wear uniforms while on County premises. Please refer to Article 13 of this Contract. City Council 9 – 21 10/1/2024 County of Orange Page 19 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 B. Contractor shall ensure that all personnel are trained and licensed as appropriate for the work required to be performed under this Contract. Any fees associated with said licenses and permits are the sole responsibility of Contractor. C. Any damages by the Contractor to the County’s facility including equipment, furniture, materials or other County property will be repaired or replaced by the Contractor to the satisfaction of the County at no cost to County. D. Contractor shall not allow any personnel under the influence of alcohol or drugs on County premises or in County buildings. E. Contractor’s personnel shall be courteous to the public and all County personnel. F. Contractor’s personnel shall perform all services in accordance with the Contract and at the direction of the agency/department administrator or Site Coordinator/Supervisor. G. Contractor’s personnel shall direct all inquiries and/or requests related to the services provided to the department Administrator or Site Coordinator/Supervisor. VI. PURIFIED WATER SPECIFICATIONS: A. Deionized water shall be filtered and ozonated. Definition of filtered – remove organic impurities, metal and other ions in the water. B. Definitions of ozonated – break down organic constituents and reduce odor potential in water while sanitizing to minimize further microbial contamination. Distilled water – water is heated until it changes to steam. Steam is allowed to cool down and condense into liquid form again. VII. PRODUCT SPECIFICATIONS: A. Contractor shall not charge for bottle deposits, bottle water crates and/or self-imposed fees. B. Contractor may bill for lost or damaged bottles according to Attachment B- Pricing and Compensation at the end of Contract and/or periodically as per account reconciliation. This shall be coordinated with each County Department. C. Cups must be made from certified recycled paper with a minimum 20% post-consumer or higher and must be 100% recyclable. VIII. ORDERS AND EMERGENCY ORDERS: A. Contractor shall have the capability to accept orders via email, telephone or fax. B. Contractor shall not require minimum quantity and/or cost per order. No other minimum delivery requirements shall apply. County does not intend to place multiple small orders, but orders shall be placed at the convenience of each Department. C. County may place Emergency/Urgent orders, which are defined as goods require to be delivered as soon as possible, or within next business day from receiving the call/email, including County observed holidays and weekends. D. Contractor shall not bill any additional fees for emergency/urgent deliveries. During the course of the Contract, departments may require an emergency/urgent order for delivery. E. All emergency/urgent deliveries shall be coordinated with each respective ordering site coordinator or Department. F. The Intent of this Contract is for daily operations; however, in an Emergency Event or Declared Disaster by the County, Contractor shall service the County during such an emergency under the same terms and conditions that apply during regular standard non- emergency/disaster conditions. This Contract may be subject to unusual usage. Emergency Events or Declared Disasters may be rare occurrences. IX. DISPENSERS: City Council 9 – 22 10/1/2024 County of Orange Page 20 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 A. Contractor shall provide water dispensers at a monthly fee per dispenser to the County. B. Contract shall provide electric water dispensers at the rates set forth in Attachment B- Pricing and Compensation C. Contractor prices for dispensers shall include all delivery, set-up, removal of equipment, etc. D. Contractor shall exchange rented dispensers at County’s request if unsatisfied with dispenser functionality/operation. E. Contractor shall not charge for delivery, set up or pick-up of any dispenser for any reason including cancellation of services, dispenser downgrades or upgrades. F. For dispenser installation: power outlet should be five (5) feet from wall socket. X. WATER CLUBS, PROCESS AND SET-UP: A. Contractor shall provide bottled water to Water Clubs established in County locations in accordance with the Pricing and the Terms and Conditions of this Contract. B. Water Clubs will be subject to credit approval. C. Contractor shall invoice water clubs according to the instructions provided by each “Water Club” contact/coordinator. Contractor shall not invoice County for bottled water provided to Water Clubs. D. County assumes no responsibility for deliveries and/or payments from Water Club accounts. E. Bottled Water provided to Water Clubs shall be for consumption at County locations. Water club members shall not take bottled water home for personal consumption. F. Water Club coordinators shall be responsible to open accounts, place orders and resolve any invoice discrepancies. County shall not be held responsible for Water Club accounts. G. Contractor shall provide the same quality bottled water to Water Club accounts. H. County assumes no responsibility for deliveries and/or payments from Water Clubs. I. Water Club contacts shall coordinate with Contractor all billing and delivery arrangements. Contractor shall not invoice County for bottled water provided to Water Clubs. J. Water Clubs may be subject to credit approval. K. Bottled Water provided to Water Clubs shall be for consumption at County locations. Water Club members shall not take bottled water home for personal consumption. L. For first time account set up/orders, County shall include the following information: 1. Orders shall be clearly identified as “Water Clubs” account. 2. Orders shall provide clear instructions at time of set-up/ordering. 3. Orders shall have a delivery and billing address (if different and/or the same, it must be noted accordingly) 4. Orders shall include a site point of contact and phone number. If different for billing, please list the billing point of contact and phone number. 5. Orders shall list items to be ordered, such as number of coolers, specify type of cooler, number of bottles, size of bottle, etc. XI. COUNTY RESPONSIBILITIES: A. County shall appoint a County Site Coordinator/Project Manager for each Department and/or service order, including a telephone number. An additional County phone number shall be provided as a back-up contact. City Council 9 – 23 10/1/2024 County of Orange Page 21 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 B. County Site Coordinator/Project Manager shall ensure Contractor access to all service locations and site facilities. C. County Departments shall be responsible for amending their subordinate Contracts as facilities may be added or deleted and service hours may be increased or decreased at a given location at any time during the term of the Contact. D. The County reserves the right to obtain competitive bids on any material or service and to utilize the data provided under this Contract relative to necessary materials and services. XII. SECURITY REQUIREMENTS: The County operates several secured facilities: most notable are several Probation, Sheriff and Airport operated sites. Contractors and their employees who perform services in these facilities will be required to strict operation policies and may be required to pass a background check prior to their employment due to security requirements for certain facilities covered under this Contract. During performance of the work, especially at detention facilities, workers shall closely monitor all tools, equipment and other materials at all times. Workers shall have no contact verbal or physical, with any inmate of these facilities. These policies have been designed with the primary purpose of ensuring a safe and secure environment for all involved. A. The Contractor will provide a list of all personnel/employees who will be directly performing tasks associated with the Contract. Contractor’s personnel/employees providing service in a secured detention facility, a Probation facility or a Sheriff’s facility, will be expected to pass two (2) separate background checks performed by the Orange County Sheriff’s Department and the Orange County Probation Department. No changes shall be authorized to the approved list without a request in writing submitted by the Contractor and approved by the County Site Coordinator. At no time will unauthorized Contractor employees perform any task associated with this Contract. If this occurs, the Contractor will be notified that they have not complied with the terms of this Contract and are subject to Contract termination. The list of all Personnel/Employees working on County projects shall be submitted prior to award of this Contract. B. Contractor shall prepare and submit a Security Clearance form to the County Site Coordinator for all persons who will be working on or who will need access to secured facilities. C. Security Clearance forms shall be submitted at least five (5) working days prior to the start of work or prior to the use of any person subsequent to the start of work. D. Said Security Clearance forms shall be thoroughly and accurately complete. Omissions or false statements, regardless of the nature or magnitude, may be grounds for denying clearance. E. No person shall be employed on this work who has not received prior clearance from the Probation Department, Sheriff’s Department or John Wayne Airport. F. The County, John Wayne Airport, the Probation Department and the Sheriff’s Department are not under any obligation to give a reason clearance is denied. G. The Contractor shall be responsible to sign in with the County Site Coordinator or designee, as required. Upon arrival at any secure facility (e.g., JWA, Probation) the Contractor shall report to the Central Control Center (Control). Contractor personnel shall have no contact, either verbal or physical, with internees in secured detention facilities. Specifically: 1. Do not give names or addresses to internees. 2. Do not receive any names or addresses from internees. 3. Do not disclose the identity of any internee to anyone outside the facility. 4. Do not give any materials to internees. City Council 9 – 24 10/1/2024 County of Orange Page 22 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 5. Do not receive any materials from internees (including materials to be passed to another individual or internee). *Failure to comply with these requirements is a criminal act and can result in prosecution. H. Any Contractor personnel/employee(s) engaged in the performance of work under this Contract shall be expected to pass the screening requirements and abide by all of the security requirements set forth by the Federal Aviation Administration (FAA) and the County of Orange. “The Federal Aviation Administration (FAA) approved security program for John Wayne Airport requires that each person issued a John Wayne Airport security badge is made aware of his/her responsibilities regarding the privilege of access to restricted areas of the airport”. All persons within the restricted air operation areas of the airport are required to display, on their person, a John Wayne Airport security badge, unless they are specifically exempted for reasons or they are under escort by a properly badge individual. Each airport employee or airport tenant employee who has been issued a John Wayne Airport security badge is responsible for challenging any individual who is not properly displaying an airport issued or approved and valid identification badge. Any person who is not properly displaying or who cannot produce a valid John Wayne Airport security badge must immediately be referred to the Sheriff’s Department Airport Detail Office for proper handling. The John Wayne Airport security badge is the property of the County of Orange and must be returned upon termination of employment at John Wayne Airport. The loss of a badge shall be reported within twenty-four (24) hours to the Sheriff’s Department Airport Dispatch Center (949) 252-5000. A report shall be made before a replacement badge will be issued. I. All vehicles parked on-site shall be locked and thoroughly secured at all times. J. All equipment and materials shall remain in the Contractor possession at all times and shall never be left unattended. All lost or misplaced equipment or materials shall be reported immediately to the (a) security staff or Control in secured detention facilities or (b) the escort or Control in Sheriff’s facilities. K. Personnel shall not smoke or use profanity or other inappropriate language while on-site. L. Personnel shall not enter the facility while under the influence of alcohol, drugs or other intoxicants and shall not have such materials in their possession. M. Personnel shall plan their activities to minimize the number of times they must enter and exit a facility, i.e., transport all equipment and materials needed for the day at the start of work and restrict all breaks to the absolute minimum. N. Contractor employee(s) shall be well-disposed to the public and County staff utilizing the facilities but shall be responsive only to the requests of the County Site Coordinator unless otherwise directed and shall direct all inquiries or requests to the County Site Coordinator. XII. PRODUCT LIST: ITEM NO. PRODUCT DESCRIPTION DEIONIZED WATER 1. 5 Gallon Bottle (Purified) 2. 5 Gallon Bottle (Spring) 3. 5 Gallon Bottle (Distilled) 4. 3 Gallon Bottle City Council 9 – 25 10/1/2024 County of Orange Page 23 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 ITEM NO. PRODUCT DESCRIPTION 5. 0.5LT 24PK (Purified) 6. 0.5LT 24PK (Spring) MISCELLANEOUS ITEMS 7. 9 Oz Flat Cup/Sleeve (50 Pcs/Sleeve.) 8. 7 Oz Cup/Sleeve (50 Pcs/Sleeve.) 9. Filtration (22) ELECTRIC DISPENSERS 10. Top Load Hot & Cold Cooler 11. Bottom Load Hot & Cold Cooler City Council 9 – 26 10/1/2024 County of Orange Page 24 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 ATTACHMENT B PRICING AND COMPENSATION I. COMPENSATION: This is a firm fixed fee Contract between County and Contractor to provide Bottled Water and Related Product as set forth in Attachment A, “Scope of Work. The Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder. The Contractor shall only be compensated as set forth herein for work performed in accordance with the Scope of Work. The County shall have no ob ligation to pay any sum in excess of the Fixed Prices and Total Contract Amount specified herein unless authorized by amendment in accordance with Articles C and P of the County Contract Terms and Conditions, which may require approval by the County Board of Supervisors. II. PRICING: County will pay the following fees in accordance with the provisions of this Contract. Payment shall be as follows: A. Price List: ITEM NO. PRODUCT DESCRIPTION UOM PRICE DEIONIZED WATER YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 1. 5 Gallon Bottle (Purified) Bottle $3.99 $4.49 $4.99 $5.49 $5.99 2. 5 Gallon Bottle (Spring) Bottle $4.49 $4.99 $5.49 $5.99 $6.49 3. 5 Gallon Bottle (Distilled) Bottle $4.49 $4.99 $5.49 $5.99 $6.49 4. 3 Gallon Bottle Bottle $3.99 $4.49 $4.99 $5.49 $5.99 5. 0.5LT 24PK (Purified) Case $5.25 $5.75 $6.25 $6.75 $7.25 6. 0.5LT 24PK (Spring) Case $5.99 $6.49 $6.99 $7.49 $7.99 MISCELLANEOUS ITEMS 7. 9 Oz Flat Cup/Sleeve (50 Pcs/Sleeve.) Sleeve $3.69 $3.79 $3.89 $3.99 $4.09 8. 7 Oz Cup/Sleeve (50 Pcs/Sleeve.) Sleeve $3.49 $3.69 $3.79 $3.89 $3.99 9. Filtration (22) Each $24.99 $24.99 $24.99 $24.99 $24.99 ELECTRIC DISPENSERS 10. Top Load Hot & Cold Cooler Month $3.99 $3.99 $3.99 $4.25 $4.25 11. Bottom Load Hot & Cold Cooler Month $4.99 $4.99 $4.99 $5.25 $5.25 III. PRICE INCREASE/DECREASES: No price increases will be permitted during the first year of the Contract. The County requires documented proof of cost increases on Contracts prior to any price adjustment. A minimum of 180-days advance notice in writing is required to secure such adjustment. No retroactive price adjustments will be considered. All price decreases will automatically be extended to the County of Orange. The County may enforce, negotiate, or cancel City Council 9 – 27 10/1/2024 County of Orange Page 25 of 25 RCA-017-22010155 County Procurement Office File No. 2267902 escalating price Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain firm during the period of the Contract. Adjustments increasing the Contractor’s profit will not be allowed. IV. CONTRACTOR’S EXPENSE: The Contractor will be responsible for all costs related to photo copying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract V. PAYMENT TERMS: Invoices are to be submitted to the user agency/department to the ship-to address, unless otherwise directed in this Contract. Contractor shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to the County of Orange and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with the Contractor. Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse the County of Orange for any monies paid to the Contractor for goods or services not provided or when goods or services do not meet the Contract requirements. Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services. VI. PAYMENT – INVOICING INSTRUCTIONS: Contractor will provide an invoice on the Contractor’s letterhead for goods delivered and/or services rendered. In the case of goods, the Contractor will leave an invoice with each delivery. Each invoice will have a number and will include the following information: A. Contractor’s name and address B. Contractor’s remittance address, if different from A. above C. Contractor’s Taxpayer ID Number D. Name of County Agency/Department E. Delivery/service address F. Master Agreement (MA) or Purchase Order (PO) number G. Agency/Department’s Account Number H. Date of invoice I. Product/service description, quantity, and prices J. Sales tax, if applicable K. Freight/delivery charges, if applicable L. Total Contractor shall issue and send invoices according to each Department Subordinate Agreement instructions/requirements of the Contract. Adjustments increasing the Contractor’s profit will not be allowed. VII. ELECTRONIC FUNDS TRANSFER (EFT ): County of Orange offers Contractors the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail address will need to be provided to the County of Orange via an EFT Authorization Form. To request an EFT form, please contact the DPA. City Council 9 – 28 10/1/2024 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 October 1, 2024 TOPIC: Citywide Translation and Interpretation Services AGENDA TITLE Agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. for Citywide Translation and Interpretation Services (Specification No. 24-022A) (General Fund and Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute aggregate agreements with Accent on Languages, Inc., Mente, Inc. dba Cesar Vargas and Associates, Continental Interpreting Services, Inc., and Interpreters Unlimited, Inc. to provide citywide translation and interpretation services for a term beginning October 01, 2024 and expiring September 30, 2027, with provisions for two, one-year extensions, in an aggregate amount not to exceed $1,290,000 (Core Agreement No. A-2024-XXX). Vendor Location Accent on Languages, Inc.Berkeley, CA Cesar Vargas and Associates Continental Interpreting Services, Inc. Interpreters Unlimited, Inc. Orange, CA Brea, CA San Diego, CA GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Purchasing Division establishes annual citywide contracts with vendors that provide goods and services required by multiple City departments and agencies on a recurring basis. The City currently provides on-site and remote translation and interpretation services for residents who are English language learners and or non-English speaking, and residents who are deaf and or hard of hearing at City Council meetings, customer counter service at City Hall, other various sites, live phone calls, community meetings, and special events on an as-needed basis. City Council 10 – 1 10/1/2024 Citywide Translation and Interpretation Services October 1, 2024 Page 2 4 5 7 6 Request for Proposals (RFP) No. 24-022A was issued on February 22, 2024 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows: 185 Vendors notified 16 Santa Ana vendors notified 59 Vendors downloaded the RFP packet 16 Proposals received 0 Proposals received from Santa Ana vendors Proposals were solicited, opened on March 21, 2024, and evaluated. Sixteen proposals were submitted by the RFP deadline and 15 proposals were determined to be responsive to the specifications and met the City’s requirements. The proposal submitted by Multilingual Technologies, Inc. was deemed non-responsive as they did not submit all required documents by the RFP, and did not meet RFP specifications. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP, and the following summarizes the responding firms and their rankings: Firm Location Rank Interpreters Unlimited, Inc.San Diego, CA 1 Continental Interpreting Services, Inc.Brea, CA 2 Cesar Vargas and Associates Orange CA 3 Accent on Languages, Inc.Berkeley, CA 4 Effectiff, LLC Fort Lauderdale, FL 5 Homeland Language Services Oxnard, CA 6 Propio LS, LLC Overland Park, KS 7 Language Line Services, Inc.Monterrey, CA 8 Global Language Solutions, LLC Philadelphia, PA 9 911 Interpreters, Inc.Chicago, IL 10 PLGS, LLC Arlington, VA 11 Flix Translations Group, LLC Miami, FL 12 Officemotive Williston, SC 13 The Translation House Sun Valley, CA 14 Universal Technical Translation Houston, TX 15 In accordance with the RFP criteria, Staff evaluated proposals and determined that Interpreters Unlimited, Inc., Continental Interpreting Services, Inc., Mente, Inc. dba Cesar Vargas and Associates, and Accent on Languages, Inc. best met the City’s specifications, demonstrated vast experience working with public agencies, and the capacity to provide translation and interpretation services on-site and remotely to various City Departments. Therefore, staff recommends awarding agreements with Interpreters Unlimited, Inc. (Exhibit 1), Continental Interpreting Services, Inc. (Exhibit 2), Cesar Vargas and Associates (Exhibit 3), and Accent on Languages, Inc. (Exhibit 4) to ensure sufficient resources are available for all using departments. City Council 10 – 2 10/1/2024 Citywide Translation and Interpretation Services October 1, 2024 Page 3 4 5 7 6 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the FY 2024-25 budget for an estimated amount of $258,000 in the following amount distributions by accounts. Future fiscal year funding for a total aggregate amount not to exceed $1,290,000 will be included in the proposed budgets for City Council consideration. Department / Division Accounting Unit- Account Amount CDA – Community Development Housing Division 14018760-62300 $10,000 CDA – Community Development Housing Division 41718820-62300 $2,500 CDA – Economic Development Division 01118810-62300 $1,000 CDA – Rent Stabilization Division 18518700-62300 $12,500 CMO – City Manager’s Office 01103010-62300 $15,000 COTC – Clerk of the Council Administrative Services Division 01107031-62300 $50,000 FMSA – Finance and Management Services Treasury and Customer Service Division 01110130-63001 $2,250 LIB – Santa Ana Library Various Departmental (no.62300) $5,000 PBA – Administration Services Division 01116500-62300 $5,000 PBA – NIES Program Division 01116560-62300 $10,000 PBA – Code Enforcement Division 01116540-62300 $10,000 PBA – Planning Division 01116510-62300 $40,000 PBA – Enforcement Services Division 01216010-62300 $10,000 PRCS – Park Recreation and Community Services Division 01113230-62300 $5,000 PWA – Administrative Services Division 10117601-62300 $3,000 PWA – Administrative Services Division, Refuse Collection 06917640-62300 $2,000 PWA – CIP Engineering Services Division 08617613-62300 $5,000 PWA – Construction Engineering Services Division 01117611-62300 $5,000 PWA – Environment-Sanitation Services Division 06817640-62300 $2,000 PWA – FED Clean Water Protection Services Division 05717640-62300 $10,000 PWA – Maintenance Services Division, Tree Service 06817643-62300 $2,000 PWA – Park Maintenance Services Division 01117651-62300 $1,000 PWA – Roadway Cleaning Services Division 06817641-62300 $2,000 City Council 10 – 3 10/1/2024 Citywide Translation and Interpretation Services October 1, 2024 Page 4 4 5 7 6 PWA – Sanitation Services Division, Sewer Service 05617640-62300 $5,000 PWA – Traffic-Transportation Services Division 01117620-62300 $1,500 PWA – Water Administration-Engineering Services Division 06017645-62300 $5,000 SAPD – Jail Inmate Welfare Fund 02314475-62300 $3,000 Various Citywide Departments & Divisions Various departmental (no. 62300)$33,250 Total $258,000 EXHIBIT(S) 1. Agreement with Interpreters Unlimited, Inc. 2. Agreement with Continental Interpreting Services, Inc. 3. Agreement with Cesar Vargas and Associates 4. Agreement with Accent on Languages, Inc. Submitted By: Kathryn Downs, Finance and Management Services Agency Executive Director Approved By: Alvaro Nuñez, City Manager City Council 10 – 4 10/1/2024 CONSULTANTAGREEMENTBEWTEEN INTERPRETERS UNLIMITED, INC. AND THE CITY OF SANTA ANAFOR TRANSLATIONAND INTERPRETATIONSERVICES stTHISAGREEMENTismadeandenteredintoonthis1day of October,2024,by and between Interpreters Unlimited, Inc., a California corporationConsultantity of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California RECITALS A.OnFebruary 22-022Aseeking to retain a consultanthavingspecial skill and knowledge in the field oftranslation and interpretation Finance and Management Services Department. B.Consultantsubmitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No. 24-022A. C.In undertaking the performance of this Agreement, Consultantrepresentsthat it is knowledgeable in its field and thatany services performed by Consultantunderthis 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 shallperform 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 intheScope of Services,attached hereto and incorporated herein by referenceas Exhibit A, and as further described in , attachedhereto and incorporated herein by referenceas Exhibit B. 2.COMPENSATION a.City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Fee Proposal,attached hereto and incorporated herein by this reference as Exhibit C. Consultant is one of four(4) separate consultants selected to provide services on an on- call basis under RFP 24-022A. The total compensation for services provided by all consultantsselected under RFP 24-022Ashall not exceed the shared aggregate amount of $1,290,000.00during the term of this Agreement, including any extension periods, as set forth in Section 3, below. Page 1of 9 City Council 10 – 5 10/1/2024 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.City and Consultantagree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultantagrees to execute the documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forthin the Recitals which may reasonably be expected by City. 3.TERM This Agreement shall commence on October 1, 2024and terminate on September30,2027, with the option for the City to grant up totwo (2), one(1)yearextensions,exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4.INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractorand 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. Consultantshall 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 Consultantunder thisConsultant 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 wayin its use of the Documents and Data at any time, provided that any such use not within Page 2of 9 City Council 10 – 6 10/1/2024 6.INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. Minimum Scope and Limit of Insurance. Commercial General Liability (CGL): Insurance Services Office Form CG 00 oducts and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. as required by the State of California, with Statutory Limits, 1,000,000per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. Professional Liability Insurance:with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions.The above required insurance policies are to contain or be endorsed to contain the following provisions: City, its City Council, its officers, officials, employees, agents, and volunteers are to Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. City, its City Council, itsofficers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. Page 3of 9 City Council 10 – 7 10/1/2024 A severability of interest provision must apply for all the additional insureds, ensuring insurance shall apply separately to each insured against whom a claim Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-Mail Box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Consultant shall furnish 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive copies of all required insurance policies, including endorsements required by these specifications, at any time. 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 Consultantagreesto defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and Page 4of 9 City Council 10 – 8 10/1/2024 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 furtheragrees 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 athird 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 Consultantservices are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8.INTELLECTUAL PROPERTY INDEMNIFICATION Consultantshalldefend and indemnify the City, its officers, agents, representatives, and letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultanttothe City pursuant to this Agreement. 9.RECORDS Consultantshallkeep records and invoices in connection with the work to be performed under this Agreement. Consultantshallmaintain 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 Consultantunderthis Agreement. All such records and invoices shall be clearly identifiable. Consultantshallallow 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. Consultantshallallow 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 paymenttoConsultant underthis Agreement. 10.CONFIDENTIALITY If Consultantreceivesfrom the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultantagreesthat 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 hall 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 Consultantdisclosedin a publicly available source; (c) is in rightful possession of the Consultant Page 5of 9 City Council 10 – 9 10/1/2024 withoutan obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultantwithoutreference to information disclosed by the City. 11.CONFLICT OF INTEREST CLAUSE Consultantcovenantsthat it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of servicesspecified under this Agreement. 12.NON-DISCRIMINATION Consultantshall 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. Consultantaffirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultantorthe 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 isnot embodied herein. 14.ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultantmaynot 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 Agreement performed by City personnel or by other contractors retained by City. 15.TERMINATION This Agreement may be terminated bythe City upon thirty (30) days written notice of termination. In such event, Consultantshallbe entitled to receive and the City shall pay Consultant Page 6of 9 City Council 10 – 10 10/1/2024 compensationfor all services performed by Consultantpriorto receipt of such notice of termination, subject to the following conditions: a.As a condition of such payment, the Executive Director may require Consultantto 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 Cityunless prohibited by law, and Consultantconsentsto the City's use thereof for such purposes as the City deems appropriate. b.Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17.JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18.PROFESSIONAL LICENSES Consultantshall, 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. Consultantshallnotify 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 sentby fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana Page 7of 9 City Council 10 – 11 10/1/2024 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California92702-1988 Fax: 714-647-6956 With courtesy copies to: Executive Director Finance and Management Services City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 ToConsultant: Shamus Sayed Chief Operations Officer Interpreters Unlimited, Inc. 8943Calliandra Road San Diego,California92126 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20.MISCELLANEOUS PROVISIONS a.Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and 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 appear on following page\] Page 8of 9 City Council 10 – 12 10/1/2024 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BEWTEEN INTERPRETERS UNLIMITED, INC. AND THE CITY OF SANTA ANA FOR TRANSLATION AND INTERPRETATION SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTESTCITY OF SANTA ANA Jennifer L. HallAlvaro Nunez CityClerkCity Manager APPROVED AS TO FORMCONSULTANT SONIA R. CARVALHO City Attorney By: Jonathan T. MartinezBy: Shamus Sayed Vice PresidentAssistantCityAttorneyTitle: RECOMMENDED FOR APPROVAL: Kathryn Downs Executive Director Finance and Management Services Page 9of 9 City Council 10 – 13 10/1/2024 EXHIBIT A SCOPE OF SERVICES City Council 10 – 14 10/1/2024 RFP 24-022ACity ofSanta AnaPage 19of 51 City Council 10 – 15 10/1/2024 RFP 24-022ACity ofSanta AnaPage 20of 51 City Council 10 – 16 10/1/2024 RFP 24-022ACity ofSanta AnaPage 21of 51 City Council 10 – 17 10/1/2024 RFP 24-022ACity ofSanta AnaPage 22of 51 City Council 10 – 18 10/1/2024 RFP 24-022ACity ofSanta AnaPage 23of 51 City Council 10 – 19 10/1/2024 RFP 24-022ACity ofSanta AnaPage 24of 51 City Council 10 – 20 10/1/2024 RFP 24-022ACity ofSanta AnaPage 25of 51 City Council 10 – 21 10/1/2024 EXHIBIT B City Council 10 – 22 10/1/2024 City Council 10 – 23 10/1/2024 City Council 10 – 24 10/1/2024 City Council 10 – 25 10/1/2024 City Council 10 – 26 10/1/2024 City Council 10 – 27 10/1/2024 City Council 10 – 28 10/1/2024 City Council 10 – 29 10/1/2024 City Council 10 – 30 10/1/2024 City Council 10 – 31 10/1/2024 City Council 10 – 32 10/1/2024 City Council 10 – 33 10/1/2024 City Council 10 – 34 10/1/2024 City Council 10 – 35 10/1/2024 City Council 10 – 36 10/1/2024 City Council 10 – 37 10/1/2024 City Council 10 – 38 10/1/2024 City Council 10 – 39 10/1/2024 City Council 10 – 40 10/1/2024 City Council 10 – 41 10/1/2024 City Council 10 – 42 10/1/2024 City Council 10 – 43 10/1/2024 City Council 10 – 44 10/1/2024 City Council 10 – 45 10/1/2024 Page28of33 City Council 10 – 46 10/1/2024 City Council 10 – 47 10/1/2024 City Council 10 – 48 10/1/2024 City Council 10 – 49 10/1/2024 City Council 10 – 50 10/1/2024 City Council 10 – 51 10/1/2024 EXHIBIT C City Council 10 – 52 10/1/2024 City Council 10 – 53 10/1/2024 City Council 10 – 54 10/1/2024 City Council 10 – 55 10/1/2024 EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF 8028035 UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDUQSPEVDFS Ubnnz!!MbgbubOBNF; GBYQIPOFK/T/!Uvdlfs!Jotvsbodf!Tfswjdft72:.44:.52:872:.:49.4527B0D-!Op*; B0D-!Op-!Fyu*; F.NBJM6441!Dbsspmm!Dbozpo!Spbe!$221ubnnzAktuvdlfsjot/dpnBEESFTT; JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ Tbo!EjfhpDB:3232Tfoujofm!Jotvsbodf!Dpnqboz22111JOTVSFS!B!; JOTVSFE Usbwfmfst!Dbtvbmuz!Jot!Dp!pg!Bnfsjdb49453JOTVSFS!C!; Joufsqsfufst!Vomjnjufe-!Jod/Ibsugpse!Dbtvbmuz!Jotvsbodf!Dpnqboz3:535JOTVSFS!D!; d0p!QP!Cpy!38771Npvou!Wfsopo!Gjsf!Jotvsbodf!Dpnqboz37633JOTVSFS!E!; Tusbugpse!Jotvsbodf!Dpnqboz51547JOTVSFS!F!; Tbo!EjfhpDB:32:9BDF!Bnfsjdbo!Jotvsbodf!DpnqbozJOTVSFS!G!; DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCSJOTSQPMJDZ!FGGQPMJDZ!FYQUZQF!PG!JOTVSBODFMJNJUTQPMJDZ!OVNCFSMUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE BYY83TCBBS8881202035202036DPNNFSDJBM!HFOFSBM!MJBCJMJUZ 2-111-111FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE 411-111DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* 6-111NFE!FYQ!)Boz!pof!qfstpo*% 2-111-111QFSTPOBM!'!BEW!JOKVSZ% 3-111-111HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. 3-111-111QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH% KFDU PUIFS; DPNCJOFE!TJOHMF!MJNJUCYYCB.1O5813813420240352024036BVUPNPCJMF!MJBCJMJUZ% 2-111-111Fb!bddjefou* BOZ!BVUP CPEJMZ!JOKVSZ!)Qfs!qfstpo*% PXOFETDIFEVMFE CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPT!POMZBVUPT OPO.PXOFEIJSFEQSPQFSUZ!EBNBHF Qfs!bddjefou* BVUPT!POMZBVUPT!POMZ B83TCBBS8881202035202036VNCSFMMB!MJBC 6-111-111FBDI!PDDVSSFODF% PDDVS FYDFTT!MJBC 6-111-111DMBJNT.NBEFBHHSFHBUF% EFESFUFOUJPO% QFSPUI. 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XPSLFST!DPNQFOTBUJPO TUBUVUFFSBOE!FNQMPZFST(!MJBCJMJUZ Z!0!O BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!BPGGJDFS0NFNCFS!FYDMVEFE@ Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* DFSUJGJDBUF!IPMEFSDBODFMMBUJPO TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ BVUIPSJ\[FE!SFQSFTFOUBUJWF ª!2:99.3126!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE City Council 10 – 111 10/1/2024 EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF 3822612 802:03135 UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ DPOUBDUQSPEVDFS 999.939.9476OBNF; Mpdlupo!Dpnqbojft-!MMD GBYQIPOF B0D-!Op*; B0D-!Op-!Fyu*; 4768!Csjbsqbsl!Es/-!Tvjuf!811 F.NBJM BEESFTT; Ipvtupo-!UY!88153 JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ 54686Joefnojuz!Jotvsbodf!Dp/!pg!Opsui!BnfsjdbJOTVSFS!B!; JOTVSFE JOTVSFS!C!; DPOUJOFOUBM!JOUFSQSFUJOH!TFSWJDFT-!JOD/ 4341!F!JNQFSJBM!IXZ!TUF!314 JOTVSFS!D!; CSFB-!DB!:3932.2817 JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCSJOTSQPMJDZ!FGGQPMJDZ!FYQUZQF!PG!JOTVSBODFMJNJUTQPMJDZ!OVNCFSMUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE DPNNFSDJBM!HFOFSBM!MJBCJMJUZ FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* NFE!FYQ!)Boz!pof!qfstpo*% QFSTPOBM!'!BEW!JOKVSZ% HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. 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XPSLFST!DPNQFOTBUJPO Y TUBUVUFFSBOE!FNQMPZFST(!MJBCJMJUZ Z!0!O 2-111-111BOZ!QSPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!BBYD66:18762210203134210203135PGGJDFS0NFNCFS!FYDMVEFE@ 2-111-111Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs 2-111-111F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* 41.EBZ!OPUJDF!PG!DBODFMMBUJPO XBJWFS!PG!TVCSPHBUJPO!JO!GBWPS!PG!Djuz!pg!Tboub!Bob-!jut!Djuz!Dpvodjm-!jut pggjdfst-!pggjdjbmt-!fnqmpzfft-!bhfout-!boe!wpmvouffst!!XIFO!SFRVJSFE!CZ!XSJUUFO!DPOUSBDU/ DFSUJGJDBUF!IPMEFSDBODFMMBUJPO TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE! JOBDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ DJUZ!PG!TBOUB!BOB BVUIPSJ\[FE!SFQSFTFOUBUJWF SJTL!NBOBHFNFOU!EJWJTJPO 31!DJWJD!DFOUFS!QMB\[B TBOUB!BOB-!DB!:3812 ª!2:99.312!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSEBDPSE!36!)31201* City Council 10 – 112 10/1/2024 City Council 10 – 113 10/1/2024 City Council 10 – 114 10/1/2024 City Council 10 – 115 10/1/2024 City Council 10 – 116 10/1/2024 City Council 10 – 117 10/1/2024 City Council 10 – 118 10/1/2024 City Council 10 – 119 10/1/2024 City Council 10 – 120 10/1/2024 City Council 10 – 121 10/1/2024 City Council 10 – 122 10/1/2024 City Council 10 – 123 10/1/2024 City Council 10 – 124 10/1/2024 City Council 10 – 125 10/1/2024 signatures appear on following page City Council 10 – 126 10/1/2024 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BEWTEEN MENTE, INC. DBA CESAR VARGAS & ASSOCIATES AND THE CITY OF SANTA ANA FOR TRANSLATION ANDINTERPRETATION SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTESTCITY OF SANTA ANA Jennifer L. HallAlvaro Nunez CityClerkCity Manager APPROVED AS TO FORMCONSULTANT SONIAR. CARVALHO City Attorney By: Jonathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL: Kathryn Downs Executive Director Finance and Management Services Page 9of 9 City Council 10 – 127 10/1/2024 City Council 10 – 128 10/1/2024 RFP 24-022ACity of Santa AnaPage 19 of 51 City Council 10 – 129 10/1/2024 RFP 24-022ACity of Santa AnaPage 20 of 51 City Council 10 – 130 10/1/2024 RFP 24-022ACity of Santa AnaPage 21 of 51 City Council 10 – 131 10/1/2024 RFP 24-022ACity of Santa AnaPage 22 of 51 City Council 10 – 132 10/1/2024 RFP 24-022ACity of Santa AnaPage 23 of 51 City Council 10 – 133 10/1/2024 RFP 24-022ACity of Santa AnaPage 24 of 51 City Council 10 – 134 10/1/2024 RFP 24-022ACity of Santa AnaPage 25 of 51 City Council 10 – 135 10/1/2024 City Council 10 – 136 10/1/2024 7of1 City Council 10 – 137 10/1/2024 2of7 City Council 10 – 138 10/1/2024 3of7 City Council 10 – 139 10/1/2024 4of7 City Council 10 – 140 10/1/2024 5of7 City Council 10 – 141 10/1/2024 6of7 City Council 10 – 142 10/1/2024 Fiestas Patrias El Grito 7of7 City Council 10 – 143 10/1/2024 City Council 10 – 144 10/1/2024 City Council 10 – 145 10/1/2024 PROFESSIONAL REFERENCES FOR CESAR VARGAS & ASSOCIATES h/t L City of Anaheim Theresa Bass/Clerk of the Council TBass@anaheim. net Santa Ana College Dalilah Davalos/Public Inform. Officer davaloz_dalilah@sac. edu EcoPartners Elizabeth Roe/CEO 317.450. 3346 Chapman University Dr. Amy Griffiths/Clinical Professor 949.267. 0499 South Orange County CCD Frank Rivera/Manager, Outreach frivera@ivc. edu Nicholas Academic Centers Rosa Diaz/Executive Director rdiaz@naccenters. org Orange County Water District Kira Erquiaga/Sr. Comm. Specialist 714.378. 3362 Stradling, Yocca, Carlson Law Alicia Chavez Elam/Legal Assistant AElam@StradlingLaw. com Segerstrom Center for the Arts Susan Marie Hill/Dir. Comm. Engagement smkendall@scfta. org YMCA of Orange County Jenny Hoang/Community Services Manager jhoang@ymcaoc. org Saddleback College Nicole Major/ProfessorNMajor@saddleback. edu Republic Services Tania Castaneda/Municipal Rel. Mgr. tragland@republicservices. com University of California, Irvine Andres Bustamante, Ph.D./Researcher asbustam@uci. eduIfyouhaveany questions, pleasecontactCesarVargasat714.987.2889or email cavargas@hotmail. com1In orderto avoid favoritismsin this selection, we have omitted our work with the Cityof Santa Ana Mayor & City Council, Clerkof the Council, and just about every Agency and Department throughout the Cityof Santa Ana, as wellas the Santa Ana Unified School District. This informationmay be furnished upon City Council 10 – 146 10/1/2024 City Council 10 – 147 10/1/2024 City Council 10 – 148 10/1/2024 City Council 10 – 149 10/1/2024 City Council 10 – 150 10/1/2024 City Council 10 – 151 10/1/2024 City Council 10 – 152 10/1/2024 City Council 10 – 153 10/1/2024 CESAR VARGAS TRANSLATOR QUALIFICATIONS Translator for theSanta Ana Unified School District, hehas consulted for avariety of organizations inthe private and public sectors, and has had experience that has enabled him to excel athis craft overthe years. Furthermore, Cesar Vargas currently teaches some of theTranslation & Interpretation He is alsoaCertified theonly international training agency inthe United States for medical and community interpreting, and cultural competence. Cesar isaTrainer and Master Practitioner ofNeuro-Linguistic Programming, which allows him tonot only transfer words and meaning from one language tothe other, but find the exact words, phrases, and threads ofthought that will engage readers inthetarget language. Here area few ofhis most salient accomplishments and qualifications: Masters Degree inCross-Cultural Teaching Bachelor ofArts inBehavioral Science Bachelor ofScience inBusiness Administration American Translators Association Member Communications Author, Your Life IsYour Masterpiece (Veritas Invictus Publishing, 2012) Author, Tu Vida Es Tu Obra Maestra (Veritas Invictus Publishing, 2012) Author, Desatascado: Manual del Propietario para el Éxito (Veritas Invictus Pub., 2013) Translator, Success Secrets of the Rich and Happy, byBartBaggett Translator of , by Karol K. Thurman (Olympus Publishing, 2003) stTranslatorofSpiritualMarketing, byJoe Vitale (1Books Publishing, 2002) California Association for Bilingual Education Translation Committee Chair 2001 2024, Southern California Locales): Coordinate allinterpretation services and interpreters for the requested languages atall the venues. City Council 10 – 154 10/1/2024 Orange County Department ofEducation, Multilingual Consortium Member: A community oftranslation professionals inthe field ofeducation, aiming tounify theterminology used throughout Orange County Orange County Department ofEducation Translator/Interpreter ofthe Year 2018 CTEL/BCLAD Instructor, Orange County Department of Education: Prepare Spanish Language, the Hispanic Culture, and Bilingual Instructional Strategies for English Learners City ofSanta Ana, California Interpret atCity Council Meetings City ofAnaheim, California Interpret atCity Council Meetings City ofSeaside, California Translate all their communication into Spanish Consulado deMéxico inOrange County, California: Translation Consultant in a variety ofprojects ClearVision Technologies, They provide report card preparation services toschool districts: Translator for their Spanish versions SRA/McGraw Hill: Consultant/Reviewer for their Spanish series City Council 10 – 155 10/1/2024 City Council 10 – 156 10/1/2024 City Council 10 – 157 10/1/2024 City Council 10 – 158 10/1/2024 FYIJCJU!J SFRVFTU!GPS!DMBSJGJDBUJPO QSJDJOH!QSPQPTBM! EFTDSJQUJPO0!TQFDJGJDBUJPOJUFNVOJU!DPTU!)QFS!IPVS* BNFSJDBO!TJHO!MBOHVBHF!Po.Tjuf!DpotfdvujwfWjefp.Sfnpuf!Joufsqsfubujpo!)Qfs!njovuf* Bnfsjdbo!Tjho!Mbohvbhf!)BTM* BTM JOUFSQSFUBUJPO!TFSWJDFT Po.Tjuf!DpotfdvujwfSfnpuf!TjnvmubofpvtPwfs!uif!Qipof!Joufsqsfubujpo!)Qfs!Njovuf*Wjefp.Sfnpuf!Joufsqsfubujpo!)Qfs!Njovuf* Dijoftf!)Usbejujpobm!boe!Tjnqmjgjfe* 6B Lpsfbo!)DB!eftjhobufe* 24B Tqbojti!)DB!eftjhobufe* 35B Ubhbmph!)DB!eftjhobufe* 36B Wjfuobnftf!)DB!eftjhobufe* 38B XSJUUFO!USBOTMBUJPO VOJU!DPTU!)QFS!XPSE* Dijoftf!)Usbejujpobm!boe!Tjnqmjgjfe* 6C Lpsfbo!)DB!eftjhobufe* 24C Tqbojti!)DB!eftjhobufe* 35C Ubhbmph!)DB!eftjhobufe* 36C Wjfuobnftf!)DB!eftjhobufe* 38C HSBOE!UPUBM!%!!!!!!!!!!!261/31 TVN!PG!BMM!MJOFT!BCPWF<!BTM-!2B.38B!'!2C.38C* NJOJNVN!XPSL!SFRVJSFNFOUT!QFS!KPC! jg!bqqmjdbcmf*NJO/!OP/!PG!IPVST0XPSET!)JG!BOZ* NJO/!OP/!PG!UPUBM! SBUF!QFS!IPVST!.!!VOJU! DMPTFE.DBQUJPOFE!TFSWJDFT! IPVS0XPSEXPSETDPTU! Pqujpobm!Tfswjdft* Tjhobuvsf!qbhf!po!ofyu!qbhf! OPUF; QSPQPTFS!SFTQPOTF!QSFQBSFE!BOE!BDLOPXMFEHFE!CZ;! City Council 10 – 159 10/1/2024 Wjefp.Sfnpuf!Joufsqsfubujpo!)Qfs!njovuf*BNFSJDBO!TJHO!MBOHVBHF! VOJU!DPTU!)QFS!IPVS*JUFNEFTDSJQUJPO0!TQFDJGJDBUJPO QSJDJOH!QSPQPTBM! SFRVFTU!GPS!DMBSJGJDBUJPO City Council 10 – 160 10/1/2024 City Council 10 – 161 10/1/2024 9BJI9J:9:K NS 9@(C8K(@CI@7KK(KR:(9BCR O'A'#*4T#II@:KR H.64=-0.-0>5&-\\W5*NS'&4= M6/=L40U"#,!#9CBII I9@BI0D.;50-#E/6;/F/G#)50-&6#$%.H0/%&-#,4=</%G 0#1/02/.#3#+..4&5/6-. 789:#@9: A0/%2-"#,+#B:7CB O04L-..54%/P#V5/W5P56G#X 0040.#3 O-0#A&&H00-%&-J\[I"999"999JBOVCR9KI7I9J9IJ:9:KI9J9IJ:9:8A=5..54%.YZ#,P/5=.(U- 220-2/6-\[:"999"999 0 1 22.2"&*"&'"(22 3"4'*56.2""""" 56G#4L#M/%6/#+%/#N5.D#2-=-%6#)5>5.54% 9#,5>5&#,-%6-0#OP/Q/ M/%6/#+%/"#,+#B:R9I City Council 10 – 162 10/1/2024 City Council 10 – 163 10/1/2024 City Council 10 – 164 10/1/2024 City Council 10 – 165 10/1/2024 City Council 10 – 166 10/1/2024 City Council 10 – 167 10/1/2024 City Council 10 – 168 10/1/2024 Page 1 of 9 CONSULTANT AGREEMENT BEWTEEN ACCENT ON LANGUAGES, INC. AND THE CITY OF SANTA ANA FOR TRANSLATION AND INTERPRETATION SERVICES THIS AGREEMENT is made and entered into on this 1st day of October, 2024, by and between Accent on Languages, 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.On February 22, 2024, the City issued Request for Proposal (“RFP”) No. 24-022A seeking to retain a consultant having special skill and knowledge in the field of translation and interpretation services for the City’s Finance and Management Services Department. B.Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No. 24-022A. 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 in the “Scope of Services,” attached hereto and incorporated herein by reference as Exhibit A, and as further described in “Consultant’s Proposal,” attached hereto and incorporated herein by reference as Exhibit B. 2.COMPENSATION a.City neither warrants nor guarantees any minimum or m aximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in “Consultant’s Fee Proposal,” attached hereto and incorporated herein by this reference as Exhibit C. Consultant is one of four (4) separate consultants selected to provide services on an on- call basis under RFP 24-022A. The total compensation for services provided by all consultants selected under RFP 24-022A shall not exceed the shared aggregate amount of $1,290,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. EXHIBIT 4 City Council 10 – 169 10/1/2024 Page 2 of 9 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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3.TERM This Agreement shall commence on October 1, 2024 and terminate on September 30, 2027, with the option for the City to grant up to two (2), one (1) year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4.INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. City Council 10 – 170 10/1/2024 Page 3 of 9 6.INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. Minimum Scope and Limit of Insurance. •Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. •Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. •Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. •Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. •If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: •City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. •Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. •For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. City Council 10 – 171 10/1/2024 Page 4 of 9 • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staff’s Department Mail Box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Consultant shall furnish 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 before work b egins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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 Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and City Council 10 – 172 10/1/2024 Page 5 of 9 hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 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 City Council 10 – 173 10/1/2024 Page 6 of 9 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, o r disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14.ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15.TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant City Council 10 – 174 10/1/2024 Page 7 of 9 compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a.As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b.Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17.JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18.PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and 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: City Clerk City of Santa Ana City Council 10 – 175 10/1/2024 Page 8 of 9 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director Finance and Management Services City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20.MISCELLANEOUS PROVISIONS a.Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b.All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures appear on following page] Eduardo Puyol-Martinez Director Accent on Languages, Inc. 2718 Telegraph Avenue, Suite 104 Berkeley, California 94705 City Council 10 – 176 10/1/2024 City Council 10 – 177 10/1/2024 EXHIBIT A SCOPE OF SERVICES City Council 10 – 178 10/1/2024 CITY OF SANTA ANA Consultant(s) shall perform the services as set forth below. A. General Description Consultant shall be capable of providing competent interpretation and translation services on an as-needed basis as determined by the City. Use of interpreters shall be consistent with all applicable State and local laws. B. Interpretation and Translation Languages Services require interpretation and translation to and from languages listed below (from and to English). However, the City may request services to and from other languages as needed. A quote must be provided for languages not specified herein as needs are determined by City staff on a per-project basis. American Sign Language (ASL) Arabic (CA designated) Armenian (Eastern and Western) (CA designated) Bengali Cantonese (CA designated) Chinese (Simplified and Traditional) Dari Farsi Hindi Hmong Indonesian Japanese (CA designated) Khmer (CA designated) Korean (CA designated) Laotian Mandarin (CA designated) Mandarin (Classic) Mien Nepali Polish Portuguese (CA designated) Punjabi (CA designated) Romanian Russian (CA designated) Serbian Spanish (CA designated) Tagalog (CA designated) Turkish Vietnamese (CA designated) EXHIBIT I SCOPE OF SERVICES RFP 24-022A City of Santa Ana Page 19 of 51 City Council 10 – 179 10/1/2024 CITY OF SANTA ANA C. Interpretation Services Consultant shall provide live, in-person, telephonic, and virtual (when deemed acceptable by City) simultaneous interpretation for City Council and other public meetings, workshops, interviews, and various types of events from English to additional languages as specified above. The City provides interpretation services at public meetings, when requested, and will engage the Consultant on an as-needed basis, typically with 72-hour advance notice. Shorter advance notice may occur depending on City needs. Some services may be provided telephonically with City’s approval. 1. Remote Telephonic Language Interpretation Services Requirements: i. A single, toll-free number to access all services. ii. Conference-calling services and capabilities for interpreted calls. iii. The Consultant shall provide all language interpretation services for Languages at the rates as provided within Pricing Proposal. iv. In certain instances, time is of the essence to provide public counter services or other immediate assistance, and the City may reserve an interpreter by telephone forty-five (45) minutes in advance of the actual time it is needed. Consultant shall provide its typical response rate for advance notice. v. Consultant shall not require the City to purchase or obtain specific equipment to access telephonic interpreter services. D. Written Translation Upon direction from the City, Consultant shall translate various types of documents, and either live or pre-recorded audio content in video and audio file formats, from English into requested language or from another language into English. Documents may include reports, forms, posters, brochures and other informative leaflets/notices and websites/selected web pages, marketing materials, legal documents and notices, and other forms of correspondence. Written translation of election materials will also be required. 1. Consultant shall provide services related to translating and formatting documents into “Plain Language English”. Services to be performed for any and all projects will be determined as the need arises. 2. Consultant shall deliver translated documents within twenty-four (24) hours of City requests when required. Delivery of translation services shall not exceed five (5) business days. 3. Consultant shall participate in revision processes with some revisions being prepared by Consultant, and some revisions being prepared by City staff. Consultant must deliver completed revisions to the requesting City Project Manager or designee within five (5) business days of a request for revision. The revision process will be deemed completed when the Project Manager or designee is satisfied with the final translation and formatting. Urgent requests will require a quicker turnaround time to be determined by the requesting City Department. 4. All completed formatted forms MUST EXACTLY MATCH the native language version unless otherwise agreed to in writing. RFP 24-022A City of Santa Ana Page 20 of 51 City Council 10 – 180 10/1/2024 CITY OF SANTA ANA 5. Consultant shall provide their completed translated documents/forms in formats as required by the City. Formats may include at minimum, Microsoft Word, Microsoft Excel, Microsoft PowerPoint, InDesign, Photoshop, and Adobe PDF. Consultant must be able to convert Microsoft files into PDF format. Completed PDF forms are not the online fillable type. 6. Consultant will receive and transmit drafts and final versions of forms from and to the City in writing, which includes secure email, electronic file attachments to email, via web portal, or if requested by the City, by facsimile, USPS mail, or overnight services to the City’s Project Manager or designee. 7. Consultant shall provide sight translation of English documents or other languages during face-to-face events. 8. Consultant shall provide offsite translation services of documents from English or other languages. 9. English word counts will be determined using Microsoft Word’s word count feature. 10. No machine-generated translations are allowed. 11. The use of speech recognition software is not authorized. E. Closed Captioning (Optional Service) While closed-captioned services are not mandatory for this Agreement, the City reserves the right to explore and implement these services at its discretion during the contracted term. The City acknowledges that circumstances may arise where the inclusion of closed-captioning becomes necessary to enhance accessibility. The City may at its discretion add these services either upon award or via an Amendment during the term of the Agreement. Therefore, the City encourages all prospective Proposers to submit competitive pricing for future consideration. Consultant will translate audio content, either live or pre-recorded, into display text synchronized with the audio, equivalent text to that of the audio, and access formats as specified herein. 1. Services shall include full scale, real-time verbatim closed-captioning of public meetings and other live and pre-recorded meetings, media, forums, and events. 2. Consultant will sign-in to live caption events at least 10 minutes prior to the scheduled starting time and shall stay on until its conclusion, even if it runs longer than the scheduled time. 3. Consultant will provide remote captioning services by following a video signal that is streamed live online and an audio signal via telephone line(s). 4. Consultant will provide captioning to a real-time streaming web page, and to a live caption area within the event streaming page. 5. Consultant must have the technical compatibility with the City’s live streaming software in order for the caption stream URL to be inserted into a player template including Granicus, so that live captioning can be viewed within the live stream player during events and meetings, when accessed from the City’s event page. RFP 24-022A City of Santa Ana Page 21 of 51 City Council 10 – 181 10/1/2024 CITY OF SANTA ANA 6. Consultant should be able to provide captioning at the average rate between 225 to 250 words per minute for events and projects. 7. Captions will coincide with their corresponding spoken words and sounds to the greatest extent possible and must be displayed on the screen at a speed that can be read by viewers. 8. Captions shall match the spoken words in the dialogue and convey background noises and other sounds to the fullest extent possible. Consultant may not paraphrase; and must use proper spelling, spacing between words, capitalization, and punctuation. 9. Captions will run from the beginning to end of the program. 10. Although there may be a slight delay in the delivery of captions for live real-time events, the delay in presentation of live captions should be kept to a minimum, consistent with an accurate presentation of what is being said and the overall goal of ensuring that captions enable viewers to follow the event. 11. Consultant must provide a high-degree of accuracy in captioning services; both events and projects. Accuracy rate must be 95 percent or greater. Near-flawless accuracy is of the upmost importance. The quality of information that is provided must be of equal quality to that offered to people without disabilities. 12. Consultant is not authorized to use speech recognition or computer captioning software in fulfilling live, real-time events. 13. Consultant staff providing live, real-time captioning services must hold a current certification from Certified CART Providers or Certified Broadcast Captioners. 14. Consultant will provide, at no additional charge, an unedited captioning transcript which will be ready for download by the City the following business day after conclusion of live real-time events. 15. Consultant will provide edited caption transcripts in an accepted file format. Edited caption transcripts and files must be completed and delivered to the City within five (5) business days of a live real-time captioning and pre-recorded project work. 16. Unedited and edited transcripts will be provided to the City, upon request, up to one (1) year after the date of the event at no additional cost. 17. Unedited and edited caption transcripts must be in the English language. F. Additional Requirements 1. Interpreters shall attend meetings in person located throughout the City when translation services are requested. Vendor must guarantee attendance with less than 24-hour notice. 2. The City may cancel previously scheduled or requested interpreter assignments without fee or penalty with at least a three (3)-hour advance notification. 3. Interpreters shall be available to provide services 24 hours, 365 days per year. Holiday availability is preferred as emergencies may arise. RFP 24-022A City of Santa Ana Page 22 of 51 City Council 10 – 182 10/1/2024 CITY OF SANTA ANA i. Non-Emergency Interpretation Services: Consultant shall provide details regarding available coordination options for scheduling of interpretation services with the City. ii. Emergency Interpretation Services: Consultant shall provide their shortest possible response times and list any conditions for response (e.g., within 30 minutes, 1 hour, etc. for certain languages). iii. If requested by City for certain projects, native speaking translators shall be provided. 4. Interpreters must demonstrate proficiency in both English and the other language, as well as accurately communicate specialized terms or concepts as they relate to regional planning and transportation. 5. Consultant shall provide for each translation assignment at least one qualified translator. 6. Consultant shall provide all items listed below to provide services as specified herein:  labor;  personnel,  equipment, materials, tools, and supplies;  postage and/or delivery charges;  transportation;  insurance; and  applicable licenses, permits, and certifications 7. Consultant shall assign a primary contact for all assignments under the City’s Contract. Primary contact or designee must be available to respond to communications from City staff Monday through Friday, during regular Business Hours, 7:30 AM to 5:30 PM PST. Additionally, contact information for urgent and after-hours requests must be provided. Holidays and times outside of Business Hours are considered after-hours. 8. Consultant shall provide the list of languages and the time frame which they can guarantee an interpreter will be made available for the work. 9. City has the right to affirm and/or decline the usage of a particular interpreter. 10. Consultant shall provide training, assessment, and ongoing monitoring of interpreters’ understanding and compliance with standard interpreter protocols and ethical practices. 11. Consultant shall ensure through training, assessment, and ongoing performance monitoring that interpreters have the ability to anticipate and recognize misunderstandings arising from the differing cultural assumptions and expectations, or regional language differences and dialects, and that interpreters have training to respond to such issues appropriately, including criteria for recusal. 12. Consultant shall ensure that during the interpretation sessions, interpreters only respond in the first person, maintain accuracy at all times, and avoid omission or embellishment of the source message. The accuracy of translation, interpretation, and closed captioning services shall be the sole responsibility of the Consultant; however, the City reserves the right to evaluate and monitor accuracy of services provided. 13. Consultant staff shall maintain and ensure confidentiality of all discussions, documents, and various file formats provided to and received from City Departments and any other non-public RFP 24-022A City of Santa Ana Page 23 of 51 City Council 10 – 183 10/1/2024 CITY OF SANTA ANA meetings. Additionally, Consultant staff must sign confidentiality agreements when required by individual City Departments. G. Ordering Process 1. Consultant shall establish an individual sub-account for any City Department that elects to place an order directly with the Consultant under the Contract. 2. Consultant must provide quote or proposal as requested by City staff within one business day. 3. Consultant shall receive and transmit drafts and completed work from and to the requesting Department by secure electronic file attachments to e-mail in Microsoft Word and/or Adobe Acrobat “pdf” file formats or as specified in the order. 4. Consultant must maintain an email address with a form of acknowledgement of receipt for ordering, inquiries, and customer service within one (1) business day of receipt of order. Proposer will state the maximum attachment size limit and alternatives for transmitting files that are larger than the maximum allowed. H. Possible Service Locations  City Hall  Santa Ana Police Department  Various Community Center Sites  Various Library locations  Various City Parks  Telephone  Video I. Customer Service Consultant’s customer service process will ensure that all customer service issues are addressed in a consistent and expeditious manner, including problem escalation and resolution of service issues. The customer service process includes, but is not limited to:  Customer service organizational structure.  Contact process and contact person identified by position in the company (phone, email, fax, etc.).  Follow up process.  Internal procedures to track customer service contact and resolution.  Escalation process to resolve outstanding customer service issues. Consultant’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, members of the public, other team members and staff within the City. RFP 24-022A City of Santa Ana Page 24 of 51 City Council 10 – 184 10/1/2024 CITY OF SANTA ANA J. Reports 1.Quarterly Reports Consultant shall provide to each of the City’s using Departments quarterly reports that include a summary of the services ordered and the following information: Ordering City staff member; Service date; Services provided (i.e., translation, interpretation, ASL, etc.); Language; and Total number of hours ordered during the quarter reported per language. Quarterly reports must be provided no later than thirty (30) business days after the end of each quarter and will include purchases that have been paid, as well as services currently being worked on. 2.Annual Reports Consultant shall provide to Purchasing contact an annual report of contract usage, including the following individual order information listing per month: Department; Ordering City staff member; Service date; Services provided (i.e., translation, interpretation, ASL, etc.); Language; and Number of hours. Annual reports must be provided no later than by January 30th of every year for the previous year calendar and will include purchases that have been completed. RFP 24-022A City of Santa Ana Page 25 of 51 City Council 10 – 185 10/1/2024 EXHIBIT B CONSULTANT’S PROPOSAL City Council 10 – 186 10/1/2024 Response to Request for Proposals No. 24-022A “Translation and Interpretation Services” City of Santa Ana Volumes I, II and III - SOQ, Cost, and Attachments Submitted by: Accent on Languages, Inc. Questions? Please contact info@accentonlanguages.com 510-644-9470 3/21/2023 Accent on Languages Response 24-022A 1 Volume I - SOQ City Council 10 – 187 10/1/2024 TABLE OF CONTENTS Volume I - Statement of Qualifications (SOQ) a. Cover Letter...................................................................................................................................... 3 b. Services Provided.............................................................................................................................5 In-person and Video Interpretation Services...................................................................................6 Video Remote Interpreting.............................................................................................................. 7 Professional Audio Equipment for Events and Conferences............................................................8 Telephonic Interpretation for On-Demand Communication............................................................8 Average response time.................................................................................................................... 8 Translation Services......................................................................................................................... 9 Responsibilities of the Translation Team........................................................................................10 Translation Glossary and Style-Guide Management......................................................................10 c. Agreement Statement..................................................................................................................... 11 d. Firm and Team Experience.............................................................................................................. 11 Description of the Firm, Address and Account Manager...............................................................11 Key Program Manager Resume: Caroline Lee, CEO, and owner of Accent.................................... 13 Certifications..................................................................................................................................16 Linguist Recruitment Checklist (must-haves).................................................................................18 CEO's approval of the linguist and the translation and general involvement................................18 Subcontractor Plan.........................................................................................................................18 e. Proposed Work Plan........................................................................................................................19 How to order services and response times....................................................................................19 Real-time Turnaround....................................................................................................................21 Minimum requirements for linguists............................................................................................. 21 Implementation Plan..................................................................................................................... 23 f. References - Attachment B...............................................................................................................26 Cost Proposal (Volume II) and Certifications (Attachments) (Volume III) are enclosed in the next pages. Table of Contents Volume II - Cost Proposal...........................................................................................................29 Table of Contents Volume III - Certifications (Attachments) ...................................................................................37 Accent on Languages Response 24-022A 2 Volume I - SOQ City Council 10 – 188 10/1/2024 a. Cover Letter ATTN: Abigail Alcala, Assistant City Clerk City of Santa Ana – Clerk of the Council 20 Civic Center Plaza Santa Ana, CA 92701 Accent on Languages, Inc. (Accent) is privileged to showcase our linguistic services to the City of Santa Ana (the City). As a certified Small Business (SB), Woman-Owned Business Enterprise (WBE), Minority Business Enterprise (MBE), and Small & Emerging Business (SLEB), Accent is dedicated to achieving the highest standards of excellence. Our credentials include GSA certification, corporate membership in the American Translators Association (ATA), and approval as a vendor by the County of Alameda and the City and County of San Francisco. Mission Accent on Languages' mission is to provide unparalleled foreign language and cultural services to government entities and the public. Our focus on achieving the highest quality in translations, coupled with personalized customer service, has defined our three decades of experience. We offer comprehensive translation, localization, transcription, and in-person and over-the-phone interpretation (OPI) services, including American Sign Language, to federal and state organizations, private businesses, and communities. Government Experience Since 1997, Accent has been a trusted provider of linguistic support to U.S. federal government agencies. We have held a GSA award since 2003 and secured a legacy successor GSA schedule award in March 2023. Additionally, Accent has been a CMAS contractor with the State of California since 2009, serving various federal and local entities such as the Department of Agriculture, FBI, Department of Justice, Alameda County Public Health Department, and others. Success at the 2023 APEC Conference with FEMA In August 2023, Accent showcased its prowess at the FEMA Asian-Pacific Emergency Council (APEC) conference in Seattle. Our team of twelve highly skilled interpreters, proficient in seven languages, played a crucial role in ensuring smooth communication throughout various conference activities, including bilateral meetings, plenary sessions, and special events. Our adaptable approach and dedication to delivering top-notch service within budget constraints were instrumental in the conference's overall success. Our expertise extended beyond language interpretation, encompassing support for interagency coordination and assistance to other U.S. agencies involved in the event. We collaborated with hotel staff, audio equipment technicians, and more, showcasing our ability to navigate complex requirements while maintaining cost-effectiveness. This project exemplifies how our experience and proficiency contribute to exceptional service delivery in adherence to stringent standards and budgetary considerations. Accent on Languages Response 24-022A 3 Volume I - SOQ City Council 10 – 189 10/1/2024 Leading Over-the-Phone and Video Conferencing Interpreter Services Accent stands as a reliable provider of Over-the-Phone and Video Conferencing Interpreter Services, dedicated to supporting the Department of Homeland Security (DHS) United States Citizenship & Immigration Services (USCIS) Refugee, Asylum, and International Operations (RAIO) Directorate. Our telephonic on-demand services operate 24/7, catering to twelve DHS field offices in need of linguistic support for Safe Third Country Screening Interviews across 40+ languages, including Arabic, Burmese, Farsi, French, Georgian, Creole, Hindi, Italian, Mam, Mandarin, Pashto, Portuguese, Punjabi, Russian, Spanish, Urdu, Vietnamese, and more. Since May 2023, Accent has handled approximately 4,500+ calls, accumulating over 700,000 minutes of telephonic interpretation. With a monthly average of 100,000 minutes, we have emerged as the top vendor for various USCIS Field Offices. This success has empowered our interpreters to conduct longer phone calls with multiple interviews, delivering an enhanced service experience to individuals and earning praise from asylum officers. The majority of our interpreters excel in managing extensive calls, with durations ranging from 2 to 9 hours, showcasing their commitment to providing exceptional service, as evidenced by our longest call lasting over 9 hours. Security Clearance and Capacity With a team of 300+ linguists possessing current public trust security clearance and an additional pipeline of 400+ linguists in the process, Accent stands ready to meet clients' linguistic needs. We are well-versed in clearance processes and requirements and actively process new clearances for ongoing contracts. Our security clearance officers and project managers ensure seamless collaboration across the West and East coasts. Comprehensive Services Accent's extensive experience extends to standard translation services, website localization, voice-over services, subtitling, captioning, section 508 and ADA compliance remediation, American Sign Language, Braille, transcription, and translation services for court purposes. In conclusion, Accent on Languages is your dedicated partner for comprehensive linguistic services, and we look forward to the opportunity to contribute to the success of the City’s initiatives. Sincerely, Care Le3/19/2024 Caroline Lee, CEO and owner, Accent on Languages, Inc.Date Accent on Languages Response 24-022A 4 Volume I - SOQ City Council 10 – 190 10/1/2024 Bidder information ●Accent on Languages Inc. ○POC: Caroline Lee, CEO and owner ○2718 Telegraph Avenue Suite 104, Berkeley CA 94705 ○510-644-9470 ○info@accentonlanguages.com ●GSA Contract Number: 47QRAA23D0058 ●CMAS Contract Number: 4-23-07-1004 ●SAM Unique Entity Identifier (UEI): M3W2EQK9LHC1 ●Socio-economic status: ○Certified Small Business in California (SB 28175) ○Certified Woman-owned Business Enterprise (WBE) and Minority Business Enterprise (MBE) (both certified in California under the CUCP program) ○Disadvantaged Business Enterprise (DBE) application (CUCP program) ○Small Business Administration Section 8(a) certification application in process b. Services Provided Accent on Languages (Accent) offers a wealth of expertise in various language services, including standard interpretation (both on-site and remote, encompassing simultaneous and consecutive modes), translation services, website localization, voice-over services, subtitling, captioning, Section 508 and ADA compliance remediation. Additionally, we provide specialized services such as American Sign Language interpretation, Braille transcription, and certified translation and interpretation services for diverse contexts including court proceedings, medical consultations, administrative hearings, and more. ●Written Translation of Documents: Our expertise extends to translating and formatting various documents, including letters, forms, and communication materials. We also offer graphic design template formatting using tools such as the Adobe CC Suite, ensuring professional and visually appealing layouts. ●In-Person On-Site Interpretation Services: We provide in-person interpretation services, including American Sign Language interpretation, to support the City’s activities, client visits, and other events. Our interpreters are well-versed in HIPAA and confidentiality requirements and can promptly provide certified interpreters for legal and medical interpretation upon request. ●Scheduled Video Remote Interpretation (VRI) Services: Our scheduled VRI services for American Sign Language and verbal languages offer flexibility and convenience for the City’s interpretation needs. ●On-Demand Telephonic and Virtual Interpretation Services: Our 24/7 telephonic interpretation services ensure rapid access to qualified interpreters, with an average response time of under 2 minutes. We will provide detailed instructions on technological setup and offer ongoing assistance to the City’s staff members to ensure seamless utilization of the platform. Accent on Languages Response 24-022A 5 Volume I - SOQ City Council 10 – 191 10/1/2024 In-person and Video Interpretation Services Our interpreting process is designed for efficiency and precision. Here is a depiction of our seamless workflow: Gathering information about the request: The process is initiated by collecting all necessary details for the assignment. The Project Manager takes note of the interpreting requirements, including: ●Nature of the meeting and subject matter ●Setting and format of the meeting/appointment ●Special cultural or gender requirements ●Dates and schedule ●Language or dialect combination (from and into) ●Availability of documents and texts to support interpreters ●Type of service: face to face, telephonic, video ●Mode of interpreting: simultaneous or consecutive Confirming the interpreter: ●The PM acknowledges receipt of information promptly and confirms details with the client/requestor. ●The Accent PM identifies and assigns a qualified interpreter or team of interpreters tailored to the specific job requirements. ●Once all the interpreters have been assigned, the PM sends a confirmation to the City’s point of contact, detailing all the agreed requirements. For on-site interpreting, special attention is placed on noting issues in advance regarding accessibility and transportation, such as entrance access and location, security or health checkpoints, traffic, public transportation options, or parking availability. Accent on Languages Response 24-022A 6 Volume I - SOQ City Council 10 – 192 10/1/2024 Interpreting Service: ●The PM ensures close collaboration between the client and the interpreter. ●The PM also ensures alignment on the job specifics, terminology, preparation, and equipment needs. ○The Project Manager provides a brief to the interpreter(s) with all the specifics of the assignment. ○The interpreters will arrive at the venue at least 15 minutes in advance (or log in to the phone call/video call). During the actual interpreting service, Mines will be able to contact the Project Manager directly regarding any questions. Mines will dismiss the interpreters upon completion of the service. Feedback Integration and Flexible Reporting: ●Encourage open feedback loops throughout the process. ●Proactively address concerns and optimize performance based on insights. ●The PM will provide comprehensive reports periodically or on an ad-hoc basis to meet all client needs. Video Remote Interpreting Accent offers several video remote solutions to the City. The workflow is similar to the face-to-face interpretation. We also uphold the same high standards when it comes to our interpreter and interpretation quality, professionalism, and technicality. For scheduled appointments, Accent offers three (3) solutions to schedule and host video remote interpreting services: Zoom, Microsoft Teams, and Accent’s own proprietary video platform (powered by Interpreter Intelligence). If staff members at the City prefer to work with certain face-to-face, on-site interpreters, several of these scheduled video methods allow the same trusted on-site interpreters to use video remote services seamlessly. In addition, Accent on Languages offers Zoom services to host conference-style events for over 200 participants, including simultaneous interpretation channels embedded in the Zoom application, with multiple language channels available to the audience. Take note multiple simultaneous interpretation channels are available only with professional-level Zoom accounts, and this feature might not be available with the Zoom tiers used by the City. Accent can also organize interpretation services using other popular cloud-based communication platforms such as Google Meet, Cisco-Webex, etc. Accent does not provide hardware (computers or devices) to access these platforms, but our project managers can assist staff and customers in the use of these platforms. Accent offers a proprietary scheduled video interpreting platform powered by Interpreter IntelligenceTM. This platform can help the City meet HIPAA requirements. To prepare properly for this new service, an implementation plan has been designed to cover the necessary onboarding of the City’s personnel. Accent on Languages Response 24-022A 7 Volume I - SOQ City Council 10 – 193 10/1/2024 Specific instructions about how to use the scheduled VRI platforms, minimum requirements, equipment needed, etc. will be provided in advance to all participants before every meeting, including links to manuals, guides, and demo videos. The Accent – Interpreter Intelligence TM scheduled platform does not require the installation of third-party applications, only the use of a typical Internet browser is requested (such as Firefox, Chrome, etc.), and the use of a device with camera and microphone capabilities. Our system is compatible with: Mac & PC desktops, iPhones, Android smartphones, and tablets. Professional Audio Equipment for Events and Conferences Accent also offers professional audio equipment for interpreting services. We can serve small meetings or large audiences, and our equipment is compatible with any Audio/Video system. Please consult with the Account Manager if these services are ever needed by the City. If audio equipment is requested for a conference event, the following additional requirements also apply: ●Type of room (conference room, meeting room, auditorium, etc.) ●Type of Public Announcement / Audio Visual systems available on location ●Interpreters’ booth requirements (availability on location, full booth or table-top, etc.) Telephonic Interpretation for On-Demand Communication Accent, together with Accent on Languages, offers on-demand telephonic interpretation services 24/7/365, proficiently covering a spectrum of 40+ languages, including but not limited to Arabic, Burmese, Cantonese/Yue, Creole, Farsi, French, Georgian, Hindi, Italian, Korean, South Korean, Mam, Mandarin, Pashto, Portuguese, Punjabi, Russian, Spanish, Urdu, Vietnamese, and many more. With a robust team of 400+ linguists and an additional pipeline of 500+ linguists in the process of onboarding, Accent stands ready to meet the linguistic needs of our valued clients. ●Ad-hoc Calls: Accent provides a 1-800 number that is used to access an interpreter in the desired language 24/7, on-demand. The average ring for each call is 4 to 30 seconds. ●On-Demand Scheduled Calls: Accent provides for a scheduled call service. This means that the City may schedule an audio or video call for either the same day or a future date. Scheduled calls are recommended for special circumstances, including, but not limited to, calls expected to last for more than 1 hour in duration, calls involving languages of lesser diffusion, and calls requesting interpreter preference (i.e. specific interpreter, gender, etc.). Average response time User calls will be picked up within 5 seconds and callers will have the option of either selecting a language and being connected to an interpreter directly or connecting with a Customer Service Assistant. Connection to a live assistant will happen within the 10-second timeframe. Accent on Languages Response 24-022A 8 Volume I - SOQ City Council 10 – 194 10/1/2024 The call platform allows us to maintain accurate records of all call connection times. Any instances where interpretation did not begin within forty-five (45) seconds or where no interpreter is available will be identified. On a monthly basis, these calls will be itemized and deducted from the monthly invoice total with the amount deducted reflected on the invoice. If an agency staff member is presented with a situation where the caller cannot be directed to the cards or is unable to read and respond to them, the staff person can always choose to connect directly to a Customer Service Assistant. The Assistants take the following steps to identify a caller’s language: ●The assistant will attempt to identify a commonly understood language (e.g. Spanish, French, Arabic) using standardized prompts. ●If a common language can be identified, they will use standardized prompts to determine the place of origin including the hometown. ●From this information, assistants can identify the most likely languages spoken and prompt the caller to respond in the affirmative when the language is identified. Translation Services At Accent, translation is a progression of steps culminating in a product that is complete, technically accurate, free of grammatical errors, and reflective of standard, idiomatic usage of the target language, while preserving the intent and emphasis of the original text. To accomplish this objective, Accent applies a thorough procedure to all written translation services. The following graphic summarizes Accent’s translation process workflow that will be applied to the translation of any materials provided to us by the City, in compliance with all the City’s requirements specified in the Scope of Work. Accent on Languages Response 24-022A 9 Volume I - SOQ City Council 10 – 195 10/1/2024 Responsibilities of the Translation Team The translator's primary responsibility is to translate a text from one language to another. They need to have excellent language skills in both the source and target languages, a deep understanding of the subject matter, and cultural sensitivity to convey the intended meaning of the original text in the target language. They must ensure that the translation is accurate, clear, and culturally appropriate. Translators are responsible for translating the text accurately and appropriately, editors review and improve the translation, and proofreaders ensure that the definitive version is error-free. All three roles are crucial in the translation process and require different skills and expertise to ensure the best possible outcome. An editor's responsibility is to review and improve the translation before it is finalized. Editors check for grammatical errors, clarity, consistency, and flow. They may also ensure that the translation adheres to the client's style guide, maintain consistency with previous translations, and verify the accuracy of any technical or specialized terms used in the text. A proofreader's responsibility is to review the translation once it has been edited to ensure that it is free of errors. They check for spelling mistakes, typos, punctuation errors, and formatting issues. Proofreaders do not make any significant changes to the text but may make suggestions to improve clarity and consistency. All the linguists working as a team also have the following shared responsibilities: Accuracy; Clarity; Cultural sensitivity; Timeliness; Confidentiality; Professionalism; Responsiveness; Ability to follow instructions and special requirements carefully; Use computer-assisted tools effectively; Take feedback well; Update the translation in a timely manner based on the client's feedback even after submission. Translation Glossary and Style-Guide Management The efforts of managing and updating the glossary are always aimed at maintaining consistency throughout all documents and all languages. The management of the glossary is an extremely crucial step that all linguists involved in the QA process will focus on for the whole duration of the contract. After a translation is successfully translated and approved/accepted by the City, the PM compiles the “approved-and-verified” translation, updates the data dictionary with any new terminology, or changes to the existing terms, as applicable. The glossary will be a property of the City, and can be consulted, modified, and accessed by the City at will; the glossary will be available in electronic format, and hard copies can also be provided upon advance notice request. Examples of items that may be included in the glossary are: Professional titles; Organization/Entity/Agency names; Laws and legal terms; References; Products/services; and technical terminologies. Accent will comply with submittal/formatting specifications stated on the Scope of Work. Accent on Languages Response 24-022A 10 Volume I - SOQ City Council 10 – 196 10/1/2024 c. Agreement Statement Accent on Languages concurs with all provisions as contained in Exhibit II – Sample Agreement of this RFP and does not have any exceptions nor concerns. d. Firm and Team Experience Description of the Firm, Address and Account Manager Accent has a rich history of successfully managing a diverse array of translation and interpretation projects, ranging from small-scale assignments to highly specialized endeavors. Ms. Caroline Lee will be the designated Account Manager under this contract and will oversee quality control and ethics. In addition to the Account Manager, our dedicated team of Project Managers (PMs) will be assigned to serve the City. Orders for services can be placed by telephone, email, or fax. Accent’s headquarters office is located at 2718 Telegraph Avenue, Suite 104, Berkeley CA 94705. The leadership team at Accent has a multicultural composition with a profound respect for the nuanced meanings within various cultures and their respective heritages. Beyond English, our team members are proficient in Spanish and Chinese. The following table shows the key management personnel assigned to this project: Key Personnel Role and experience Ms. Caroline Lee, CEO and owner / Chinese linguist caroline@accentonlanguages.com 510-644-9470 x 1001 ●Middlebury Institute of International Studies, master’s degree in Conference Interpreting ●15+ years of project management and leadership experience in the language industry ●15+ years of experience as a Chinese linguist (translator and interpreter) CEO and owner of Accent on Languages. Translation and Localization Executive with 15+ years of localization leadership; strong understanding of localization and globalization best practices, technology and tools, processes, and linguist management in various verticals. She has a vision of helping people serve the greater good through creating a diversified culture and establishing better communication in both language and culture. Supervised over 20-million-dollar projects from ideation to launch with 99.8% accuracy and on-time delivery. Worked closely with Fortune 500 global executives on business strategies, creative solutions, and financial predictions to adapt to market conditions while increasing profitability. Accent on Languages Response 24-022A 11 Volume I - SOQ City Council 10 – 197 10/1/2024 Mr. Kai Sun, Project Manager / Chinese linguist kai@accentonlanguages.com 510-644-9470 x 1003 ●Interpreters’ Project Manager, conducts vetting of interpreters. Oversees the quality control process and is the liaison with interpretation clients. ●Middlebury Institute of International Studies, master’s degree in Translation and Localization Management Program Assistant / Project Manager for Interpreting Services (including remote video and audio equipment). 6 years of experience in the language industry. Provided on-site interpreting project management to APEC, Trust for Public Land, City College of San Francisco, and Napa County Office of Education. Managed to schedule interpreting services for rarely seen languages, like Swahili, Rufumbira, and Ibibio for state/federal departments. Ms. Virginia Bertorello, Project Manager / Spanish linguist virginia@accentonlanguages.com 510-644-9470 x 1008 ●Certified English/Spanish Translator (Universidad Nacional de Córdoba - Argentina) ●Translation, proofreading, quality control of translated texts. Program Assistant / Project Manager for Interpreting Services (including remote video). Virginia has 13 years of experience in the language industry as a translation and interpretation coordinator for many different verticals including government, community services, medical, life science, healthcare, etc. Mr. Baoze Zhang Project Manager / Chinese linguist baoze@accentonlanguages.com 510-644-9470 x 1007 ●Beijing Foreign Studies University Bachelor’s degree in Translation and Interpretation ●Middlebury Institute of International Studies, master’s degree in Translation and Localization Management Translation Production Manager. Baoze is a native Mandarin speaker and Chinese – English linguist. With four years of experience in the language industry, Baoze has successfully managed thousands of projects, coordinating, and overseeing all aspects of the translation process, from project initiation to final delivery. He is responsible for understanding client requirements, developing project timelines, allocating resources, monitoring processes to ensure that the translated material aligns with client expectations and goals. Mr. Nestor Guzmán Project Manager / Spanish linguist nestor@accentonlanguages.com 510-644-9470 x 1002 ●AA in Liberal Arts ●Experience assisting in translation projects, performing Spanish written translations. Project Manager for written translation services. Spanish linguist. Five years of experience in the language industry. Nestor is a seasoned project manager handling many of Alameda County’s translation projects from start to finish currently. Ms. Hanna Jacobson Project Manager hanna@accentonlanguages.com 510-644-9470 x 1010 ●Interpreters’ coordinator, conducts vetting of interpreters, including processing of security clearances and linguist certifications. ●She oversees the quality control process and is the liaison with interpretation clients. Program Assistant / Project Manager for Interpreting Services (including remote video and over the phone interpretation services) Five years of experience in the language industry as an interpreter coordinator for local, state, federal governments, a linguist clearance security officer, and a language educator. Accent on Languages Response 24-022A 12 Volume I - SOQ City Council 10 – 198 10/1/2024 Key Program Manager Resume: Caroline Lee, CEO, and owner of Accent EDUCATION Master of Translation and Localization Management Bachelor of English Monterey Institute of International Studies, 2007-2009 English / Mandarin / Taiwanese Wenzao Ursuline University of Languages, 2005-2007 EXPERIENCE CEO, Accent on Languages, 2021-Present ●Establish the vision and implement strategic operations for the organization. ●Create a safe and diversified environment for employees to grow and thrive; establish a culture of collaboration and integration that continuously enhances client experiences. ●Develop procedures to maximize operational efficiencies to provide the highest quality, fastest delivery, and most reasonable budget for all of our clients. ●Supervise daily operations and provide support for daily operations at all internal levels. ●Collaborate with the team to prepare and present responses to government proposals, RFPs and RFIs. ●Provide key operational decisions, financial predictions, and performance analysis. ●Continue leadership and stewardship in the community to help serve the greater good. ISI Language Solutions; BIG Language Solutions, 2011-2021; VP of Operations (2021); Director of Production (2016-2021); Production Manager (2014-2016); Project Manager (2011-2013) ●Identified, tested, and onboarded AI-based machine translation and QA systems. ●Managed development of linguist contractor coordination and ranking platform and onboarded CMS tools to optimize efficiency. ●Collaborated with stakeholders and cross-functional teams to plan and implement localization project roadmap. Led teams from ideation through successful execution. ●Championed initiatives to increase operational adaptability, efficiency, and agility. ●Created data-centered reports and presentations for executives regarding performance, strategy, and outlook. ●Partnered with sales, marketing, engineering, and accounting teams to define, prioritize, and create growth opportunities. ●Successfully hired, retained, and trained top talent to expand from 15 specialized in-house positions to 50+ cross-trained global team members in two years. ●Developed quantifiable metrics and KPIs to actively manage performance of operation and sales teams. ●Drafted and negotiated responses to RFP’s, SOW’s, and NDA’s. ●Supervised and streamlined recruitment, training, and ongoing evaluation of vendors. International Brand Manager, BijouMontre SWISS SA, 2010-2011 ●Built international brand equity and encouraged sales development by organizing marketing events in the US, Switzerland, China, Japan, Hong Kong, and Taiwan. ●Created localized product descriptions for advertising in English and Chinese. ●Advised key stakeholders regarding new products. ●Trained distributors and salespeople how to communicate design features to consumers in China, Japan, Hong Kong, and Taiwan. * * * * * Accent on Languages Response 24-022A 13 Volume I - SOQ City Council 10 – 199 10/1/2024 For over 26 years, Accent on Languages has been providing high quality translation, interpretation, transcription, and multilingual desktop publishing services to major corporations, local businesses, and State and federal agencies. Accent combines the effectiveness and resource capability to handle large projects, while maintaining a small business feel, assisting and helping our clients with every need, and maintaining a constant channel of communication with the City. The next table summarizes a list of relevant past performance contracts that Accent on Languages is currently managing or successfully managed in the past few years. Contracting agency Type of contracted services provided Contract term & budget Performance outcomes Alameda County (all departments) Over the phone interpreting available 24/7 on demand for Spanish, Chinese, Vietnamese, and other languages, including American Sign Language services. 2017 - 2023 $1,1M All work delivered on time, with no deviations from the budget. California Department of Motor Vehicles (DMV) Over the phone and video remote (for ASL) interpreting with linguists cleared by Department of Justice Live Scan certification. Languages offered: American Sign Language (ASL), Arabic, Mandarin, Armenian Eastern, Portuguese, Armenian Western, Russian, Cantonese, Spanish, Japanese, Tagalog, Korean, Vietnamese, Afghani, Indonesian, Albanian, Ingush, Amharic, Italian, Assyrian, Laotian, Bengali, Lebanese, Bulgarian, Lithuanian, Burmese, Macedonian, Cambodian, Malayalam, Chaldean, Mien, Chinese, Nepali, Chiu-Chow, Pashto, Croatian, Persian, Dari, Polish, Dutch, Punjabi, Eritrean, Romanian, Ethiopian, Samoan, Farsi, Serbian, French, Somali, German, Taiwanese, Greek, Tibetan, Gujarati, Thai, Hebrew, Tigrinya, Hindi, Tongan, Hmong, Turkish, Hungarian, Ukrainian, IIocano, Urdu. 2023-2024 $35,000 All work delivered on time, with no deviations from the budget. California Air Resources Board Simultaneous interpreting services, audio equipment rental services, glossary management, written translation services: Spanish, Punjabi, Chinese (Traditional), Chinese (Simplified), Korean, Vietnamese. 2010 - 2021 $506,000 All work delivered on time, with no deviations from the budget. San Diego County Serving all departments in the County. Written translation services, glossary management, formatting services in Arabic, Chinese, Spanish, Tagalog, Vietnamese, Dari, Farsi, Somali, Hindi, Korean, Japanese, etc. 2012 - present $210,000 All work delivered on time, with no deviations from the budget. Accent on Languages Response 24-022A 14 Volume I - SOQ City Council 10 – 200 10/1/2024 Contracting agency Type of contracted services provided Contract term & budget Performance outcomes US Citizenship and Immigration Service (USCIS) Over-the-Phone and Video Conferencing Interpreter Services in support of the Department of Homeland Security (DHS) United States Citizenship & Immigration Services (USCIS) Refugee, Asylum, and International Operations (RAIO) Directorate. Accent provides on demand service 24/7 to 12 field offices of DHS, covering 40+ languages including languages such as Arabic, Dari, Farsi, French, Creole, Hindi, Mandarin, Pashto, Portuguese, Punjabi, Russian, Somali, Spanish, Quiche, Ukrainian, Urdu and indigenous languages (Mam, Ixil, Pulaar). Accent has a team of about 200+ linguists with a current public trust security clearance, and a pipeline of about 400+ linguists in process of obtaining it. 2023 - present and two additional optional years $799,000 per year All work delivered on time, with no deviations from the budget. FEMA, APEC Conference 2023 On-site simultaneous, consecutive, escort and whispering interpretation and project management to support the Asian-Pacific Emergency Council (APEC) conference, held in Seattle, Washington. Delegations from economies members of APEC attended the conference, mostly centered around disaster emergency response topics. Interpretation was provided in different modes (consecutive, simultaneous, whispered) during bilateral meetings, plenary sessions, working groups, receptions, and site visits. A team of 12 interpreters covering 7 target languages (Spanish, Mandarin, Malay, Indonesian, Vietnamese, Thai, and Korean), catering to diverse delegations across the APEC economies. Provide English phonetic pronunciation of delegates’ names and voices recorded by native interpreters. Take into consideration geopolitical issues, like using “Chinese Taipei” instead of “Taiwan”, “the Republic of Korea” instead of “Korea”, and “PRC” instead of “China”. Match conference flow with the right interpreting type during the event. We also contributed to the interagency coordination by helping other US agencies involved in the event, and hotel staff, audio equipment technicians, etc. August 2023 APEC conference in Seattle, WA $88,000 (without travel and lodging) Travel, lodging, audio equipment and other coordination services to support FEMA. All work delivered on time, with no deviations from the budget. Metlang (prime of DEA contract) Analytic linguist services for Metlang for DEA cases and projects in Regions 1, 2, 3 and 4 (all United States). Take note linguists per region are capped by Metlang. Accent coordinates recruited linguists, coordinated the clearance process and managed the services provided (Region 1: 11 linguists, Region 2: 7 linguists, Region 3: 4 linguists, Region 4: 16 linguists) Current contract 2021-2025 All work delivered on time, with no deviations from the budget. Accent on Languages Response 24-022A 15 Volume I - SOQ City Council 10 – 201 10/1/2024 Certifications Our linguists at Accent hold a variety of certifications that demonstrate their expertise and proficiency in their respective fields. These certifications include, but are not limited to: Certification Commission for Healthcare Interpreters (CCHI) This certification validates our interpreters' competence in providing language support in healthcare settings. It ensures that our linguists possess the necessary skills to facilitate effective communication between healthcare professionals and patients, promoting patient safety and quality care. The National Board of Certification for Medical Interpreters (NBCMI) Similar to CCHI, NBCMI certification indicates that our medical interpreters meet rigorous standards of competence and professionalism in medical interpretation. It signifies their ability to accurately convey medical information and ensure clear communication between healthcare providers and limited-English-proficient individuals. Court Certification of the State of California This certification attests to the qualifications of our interpreters to work in legal settings within the state of California. It demonstrates their proficiency in legal terminology, procedures, and ethics, enabling them to provide accurate and impartial interpretation services in court proceedings and legal proceedings. ATA Certification ATA (American Translators Association) certification is a widely recognized credential in the translation industry. It signifies that our translators have demonstrated a high level of proficiency and expertise in translating written materials from one language to another. ATA certification ensures quality and accuracy in translations, adhering to professional standards and best practices. Accent on Languages is a corporate member of the ATA. Please see Accent’s ATA card below: Accent on Languages Response 24-022A 16 Volume I - SOQ City Council 10 – 202 10/1/2024 American Language Testing Association (ALTA) The American Language Testing Association (ALTA) offers comprehensive assessments to evaluate linguistic proficiency across diverse domains. ALTA tests provide a rigorous validation of language skills for interpreters and translators, ensuring they possess the expertise needed to meet the complex communication needs of various industries. With ALTA certification, linguists demonstrate their commitment to excellence and professionalism, guaranteeing accurate and reliable language services for clients worldwide. Registry of Interpreters for the Deaf (RID) This certification is specifically for sign language interpreters, indicating their competence in facilitating communication between deaf or hard-of-hearing individuals and others. RID certification ensures that our sign language interpreters possess the necessary skills to accurately convey information and promote effective communication in various settings. Each of these certifications is awarded by reputable organizations that set rigorous standards for competence and professionalism in interpretation and translation. By holding these certifications, our linguists demonstrate their commitment to excellence and their ability to meet the diverse needs of our clients with accuracy, reliability, and professionalism. Vetting and onboarding of linguists The first step in the hiring process is to carefully review the resume of the translator or interpreter, and check the credentials, professional references, and recommendations. It is important to note that some languages do not have standard translation or interpreting certification programs in place, and proper professional experience needs to be verified in those cases including proficiency testing whenever it is appropriate. The following items are verified by the Project Managers and supervised by the Account Manager: ●Confirm certifications. ●Confirm educational degree. ●Check relevant work experience. ●Check for references/reviews to understand the context of their past work and reputation. ●Check which linguistic technological tools the translator uses or is familiar with. ●Provide a sample translation. The second step consists of a series of interviews; a telephone interview followed by an in-person/face-to-face interview with the Project Manager. If the candidate is deemed a suitable linguist, the Account Manager (Ms. Caroline Lee) conducts another face-to-face interview. Depending on each case, Accent may opt to send a proprietary interpretation and translation assessment to ensure that the linguist is capable of performing the required language services as an additional vetting step. Provided the final interview and evaluation assessment are successful, and the certifications, credentials, and professional/business references are also appropriately verified, the candidate is selected, agrees to review policies and code of ethics, and signs a confidentiality agreement. Accent on Languages Response 24-022A 17 Volume I - SOQ City Council 10 – 203 10/1/2024 The linguists who are successfully approved are entered into our database and tracked for performance and continuous education/certification. Accent dedicates a lot of resources to recruiting the best linguists to meet our client’s needs. An ongoing quality control process is in place following the recruiting. The certification and vetting process is as follows: ●Review of resume ●Verification of credentials. Many of the linguists who apply to work with Accent already have the proper credentials such as a medical certification, a state or federal court certification, RID (ASL), and/or the ATA certification. Linguist Recruitment Checklist (must-haves) At Accent, we are committed to implementing an above-industry standard when it comes to selecting our linguists to produce the highest quality translations for our clients. ●University or above degree relevant to the field of translation, linguistics, and/or subject matter ●Experience working as a linguist ●Use of CAT tools ●Nationality and native language(s) ●Place of residence per requirement ●Professional certifications ●Sample translation ●References ●Updated CV CEO's approval of the linguist and the translation and general involvement Accent will always make sure that our CEO Ms. Caroline Lee approves the linguists' selection prior to the commencement of the work. Caroline will review the qualifications of the linguists carefully again to ensure there are no issues down the road. In addition, when the translation and editing work is done, the work will be sent to Caroline to do a final check before submitting it to the client. Should there be any change in circumstances, such as the linguists' availability or any other issues, Caroline should be made aware of the situation immediately. Subcontractor Plan All interpreters and translators are subcontractors of Accent and Accent on Languages. The Project Managers are responsible for administering and overseeing the subcontracts. The responsibilities of subcontractors include: ●Demonstrating a high level of proficiency in both the source and target language of interpretation while processing strong interpretation skills, including the ability to accurately convey spoken messages between languages in real-time. ●Acquiring expertise in specific subjects such as legal, medical, technical, or educational interpretation depending on the nature of the request. Accent on Languages Response 24-022A 18 Volume I - SOQ City Council 10 – 204 10/1/2024 ●Maintaining excellent work ethic and professionalism while adhering to ethical standards throughout the interpretation process. This includes maintaining confidentiality, impartiality, and neutrality, as well as refraining from providing personal opinions or commentary during interpretation Every subcontractor will sign the following agreements with Accent: ●Non-Disclosure Agreement ●Independent Contractor Agreement ●Code of Ethics Accent will ensure that all subcontractors comply with all the requirements stated in the scope of work; the City will not need to ever contact or manage any subcontracted company or individual. It is understood and agreed that the participating subcontractors shall be solely and directly under the responsibility of Accent, and the City shall have no obligation to them. Additionally, our Project Managers boast backgrounds and professional degrees in translation and interpretation, positioning them as not only effective administrators but also capable linguists. Their deep understanding of language nuances and cultural contexts enables them to provide valuable insights and guidance to subcontractors throughout the project lifecycle. This dual role empowers our Project Managers to act as both facilitators and contributors, ensuring that the highest standards of quality and accuracy are upheld at every stage. Our project managers are capable of conducting translations in Spanish, Chinese Mandarin, and Japanese. e. Proposed Work Plan How to order services and response times Accent can respond to a request immediately over the phone during office hours between Monday and Friday (6AM – 6PM PST). Emails are responded to almost immediately upon receipt. Quotes are typically provided within 30 minutes for interpreting services and document translation projects. Additional or premium services might require a few additional hours. Interpreters are typically confirmed the same day an order is placed; written translations are delivered within the time frame agreed upon between Accent and the requester on an order-by-order basis. Accent will always wait until the City provides a verbal or written confirmation, purchase order and/or signed agreement as approval of the quote before starting any work. Accent is willing to adapt to any ordering procedure changes required by the City during the term of the contract. Orders for services can be placed by telephone, email, or fax. Office Phone number:510-644-9470 Office Fax number:844-308-9396 Office email contact for orders:interpreting@accentonlanguages.com / translation@accentonlanguages.com Accent on Languages Response 24-022A 19 Volume I - SOQ City Council 10 – 205 10/1/2024 Contact for emergencies:interpreting@accentonlanguages.com / translation@accentonlanguages.com (Office hours are 6am-6pm but we can be reached after hours for emergencies). Standard turnaround time In-person and Virtual Interpretation Typically 1-2 days. Rarer languages may require a longer turnaround time. Telephonic Interpretation Ad-hoc Immediately Scheduled Same day Translation Spanish 2500-3500 words/day, followed by a day of desktop publishing, and a day of editing and proofreading. Other Languages 1500-2000 words/day, followed by a day of desktop publishing, and a day of editing and proofreading. Our Project managers are always here to assist you at your time of emergency. We have a proven track record of helping our current clients with same-day interpretation requests, both in-person and virtual. With our in-house project managers, who excel not only in project management but also in linguistic expertise, we proudly provide expedited translation services tailored to meet urgent needs. Leveraging their proficiency in languages such as Spanish and Chinese, our team guarantees rapid turnaround times, delivering concise translations for short documents within a mere 2-hour window. For languages like Russian, Japanese, Arabic, French, and German, commonly utilized across various industries, we ensure swift delivery within the same day or overnight. Our streamlined processes and dedicated linguists ensure that regardless of the language, clients receive accurate and timely translations, meeting their immediate requirements without compromising on quality. Expedited turnaround time Interpretation Same day Translation Spanish and Chinese <1000 words: 2-5 hours Delivery Common Languages Same-day or Overnight Delivery Rare Languages Overnight or 2-day Delivery Accent on Languages Response 24-022A 20 Volume I - SOQ City Council 10 – 206 10/1/2024 Real-time Turnaround With over two decades of experience in providing interpretation and translation services, Accent has perfected efficient workflows to ensure real-time interpretations for calls and meetings. Our comprehensive Content Management Systems (CMS), Translation Management Systems (TMS), and Computer-Assisted Translation (CAT) tools, coupled with experienced personnel, allows for streamlined rescheduling processes for translation and interpretation, enabling swift and accurate communication. Additionally, our project managers specialize in coordinating fast turnaround times for written materials, ensuring same-day confirmation for interpretation requests and next-day translation delivery without compromising quality. Accent will gladly accommodate any emergency requests and do our best to assist the City. Minimum requirements for linguists Interpreters must be able to accurately render oral communication involving two or more individuals. The interpreter must be able to accurately translate communication from all involved parties. In the event of meetings that are emotional in nature, interpreters are required to provide interpretation in difficult conditions and remain unbiased. The following is a quick summary of the interpretation skills and role of the interpreter: ●Must be native in the target language. ●Linguists’ minimum requirements include favorable ILR-scale results (3+ or higher) and, in addition to 3+ years of experience. ●Must be bi-cultural in addition to being bilingual. ●Must be a cultural liaison between the client and the LEP. ●Must have a good command of both languages. ●Offer accurate and complete rendition. ●Avoid interaction with the client without the government representative or social worker’s permission. ●Remain impartial and unbiased: The interpreter must not provide private opinions. ●Use of the proper protocol: The interpreter must use the first person when interpreting and the third person when asking for clarification or repetition. ●Notify Accent and the City immediately of any conflict of interest. Accent relies on standards based on accepted interpreting quality standards, code of ethics, and customer feedback. The following are the requirements to ensure that interpreters comply with industry standards (as per the American Society of Testing and Materials, ASTM): ●Command of Foreign language ●Attention skills ●Analytical skills ●Memory skills ●Language transfer skills ●Note-taking skills ●Cultural Awareness ●Clear and audible speech ●Demeanor appropriate to setting Accent on Languages Response 24-022A 21 Volume I - SOQ City Council 10 – 207 10/1/2024 ●Adaptability ●Stamina ●Ability to cope with stress ●Knowledge of subject matter ●Education and specialization ●Research and preparation skills Linguist Recruitment Checklist (must-haves) At Accent, we are committed to implementing an above-industry standard when it comes to selecting our linguists to produce the highest quality translations for our clients. ●University degree relevant to the field of translation, linguistics, or subject matter ●Experience working as a linguist ●Use of CAT tools ●Nationality and native language(s) ●Place of residence per requirement ●Professional certifications ●Sample translation ●References ●Updated CV Available Languages for Interpretation and Translation The table below delineates the robust capacity of Accent's local interpreter network ready to cater to the diverse language needs of the City. The information below provides a snapshot of our current interpreter availability. Accent is consistently engaging in the vetting of qualified linguists. Therefore, this listing is dynamic and will expand over time to accommodate evolving language requirements, and underscores our commitment to maintaining an extensive and responsive interpreter network, ensuring a seamless and comprehensive language solution for the City's needs. LANGUAGES OFFERED TOTAL LANGUAGES OFFERED TOTAL Albanian 4 Marathi 3 American Sign Language (ASL)14 Mien 1 Amharic 30 Mongolian 6 Arabic 52 Navajo 2 Armenian 3 Nepalese 9 Bengali 4 Oriya 2 Burmese 9 Oromo 6 Cantonese 27 Pashto 22 Chin, Hakka 4 Patois 1 Czech 1 Polish 8 Dari 18 Portuguese 38 Dutch 10 Punjabi 17 Farsi 24 Romanian 5 French 42 Russian 48 Georgian 3 Serbian 1 German 10 Serer 1 Gujarati 7 Slovak 1 Accent on Languages Response 24-022A 22 Volume I - SOQ City Council 10 – 208 10/1/2024 Haitian Creole 76 Somali 11 Hindi 29 Spanish 957 Hmong 4 Swahili 11 Indonesian 5 Tagalog 13 Italian 12 Tajiki 1 Japanese 12 Tamil 5 Kannada 6 Telugu 5 Korean 16 Thai 9 Khmer 5 Tibetan 3 Kurdish 3 Tigrigna 7 Lao 7 Turkish 8 Lingala 2 Ukrainian 12 Malayalam 6 Urdu 25 Mam 3 Uzbek 4 Mandarin 85 Vietnamese 26 Mandinka 1 Wolof 4 Total: 66 Languages Total: 1806 linguists Implementation Plan We propose a meticulous implementation plan for a seamless transition, particularly beneficial for agencies new to this contract. The plan considers the diverse needs of participating agencies, fostering an inclusive approach. This implementation plan aims to blend continuity with innovation, ensuring a transition that not only maintains the lofty standards set in the past but also adapts to the evolving landscape of the City's language service requirements. Timeline of Project Goals, Measurable Outcomes, and Benchmark Activities: ●Pre-Implementation Phase (Weeks 1-2): ○Conduct a Comprehensive Review: Assess the current service landscape and identify areas for improvement. ○Confirm Project Team: Reaffirm the roles of key personnel, emphasizing the retention of experienced staff. ○Schedule Renewal Kickoff Meeting: Engage in a strategic discussion to align with evolving City expectations. ●Renewal Kickoff Meeting (Week 2): ○Facilitate a renewal kickoff meeting to formally reintroduce the team, discuss lessons learned, and outline enhancements. ○Reinforce the collaborative approach and gather insights for improvement. ●Communication and Feedback Loop (Weeks 3-4): ○Strengthen the communication plan to address ongoing needs and feedback. ○Collect feedback from City stakeholders on the current service delivery. Accent on Languages Response 24-022A 23 Volume I - SOQ City Council 10 – 209 10/1/2024 ●Training and Transition Refinement (Weeks 5-8): ○Refine and conduct training sessions for Language Access Coordinators and Site Managers. ○Enhance transition discussions with departments, incorporating lessons learned from the existing contract. ●Continuous Improvement Initiatives (Week 9 Onward): ○Implement improvements based on feedback and identified areas for enhancement. ○Maintain ongoing evaluation and feedback sessions to ensure sustained service excellence. ●Regular Collaboration (Throughout Renewal): ○Maintain periodic meetings with the City to address evolving needs and ensure continuous improvement. ○Leverage existing relationships to streamline communication and optimize services. Key Personnel Assignments ●Account Manager: ○Primary point of contact, leveraging existing relationships for smoother transition. ○Focuses on continuous improvement initiatives and addressing evolving City needs. ●Project Managers: ○Retain their roles in close collaboration with Language Access Coordinators and agency and department Managers. ○Emphasize ongoing training and proactive engagement. Milestones ●After 6 months, Accent recommends holding a mid-term meeting with the City to discuss progress, achievements, goals, and any other concerns of the City. We also recommend holding a contract closure meeting to evaluate the contract and provide improvement actions to the City for future use at its discretion. Continuous Quality Commitment ●Accent will prepare a Quality Control Plan (QCP) to serve as framework for the entire contract. This QCP will be reviewed monthly and updated accordingly as new work is produced and delivered. Accent on Languages Response 24-022A 24 Volume I - SOQ City Council 10 – 210 10/1/2024 ●Accent can provide any other reports upon request (monthly billing, over the phone usage reporting, etc.) Measurable outcomes ●Interpretation Services: ○Fulfillment Rate: Achieve a 90% or higher completion rate for interpretation assignments. ○Client Feedback Score: Maintain an average client satisfaction score of 4.5 out of 5 based on feedback. ●Translation Services: ○Delivery Timeliness: ■Early Deliveries: Aim for 10% of translation projects completed ahead of the deadline. ■On-time Deliveries: Ensure 90% of translations are delivered on the agreed-upon schedule. ■Late Deliveries: Strive for less than 5% of translations to be delivered after the deadline. ○Translation Quality: ■Accuracy: Maintain an accuracy rate of 98% or higher in translated content. ■Consistency: Achieve a consistency rating of 95% or above for terminology and style. ■Client Satisfaction: Maintain an average client satisfaction score of 4.5 out of 5 based on feedback. ●Overall Services: ○Complaint Resolution Time: Resolve client complaints within 48 hours, aiming for a 90% resolution rate within this timeframe. ○Customer Retention Rate: Achieve a customer retention rate of 90% or higher based on annual renewals. ○Cost Efficiency: Maintain an average cost efficiency improvement of 5% annually through process optimization. This Implementation Plan and Schedule reflect our commitment to proactive collaboration, ongoing and continuous improvement. We welcome the opportunity to discuss further and refine this plan based on the City's specific expectations and aspirations for the renewed contract. Accent on Languages Response 24-022A 25 Volume I - SOQ City Council 10 – 211 10/1/2024 f. References - Attachment B Attachment B is included in the next page. This Attachment is also included in Volume III - Certifications. Accent on Languages Response 24-022A 26 Volume I - SOQ City Council 10 – 212 10/1/2024 Response to Request for Proposals No. 24-022A “Translation and Interpretation Services” City of Santa Ana Volume II - Price Quote Submitted by: Accent on Languages, Inc. Questions? Please contact info@accentonlanguages.com 510-644-9470 3/21/2023 Accent on Languages Response 24-022A 28Volume II - Price Quote City Council 10 – 213 10/1/2024 TABLE OF CONTENTS Price Proposal Form - Attachment A-2..................................................................................... 30 Terms of Service.................................................................................................................. 30 Schedule/pricing information for urgent requests made with less than 24-hours’ notice......... 34 Rush Fee for In-person Interpretation................................................................................ 34 Expedited Translation Delivery........................................................................................... 34 Telephonic Interpretation................................................................................................... 34 Accent on Languages Response 24-022A 29Volume II - Price Quote City Council 10 – 214 10/1/2024 Response to Request for Proposals No. 24-022A “Translation and Interpretation Services” City of Santa Ana Volume III - Certifications (Attachments) Submitted by: Accent on Languages, Inc. Questions? Please contact info@accentonlanguages.com 510-644-9470 3/21/2023 Accent on Languages Response 24-022A Volume III - Certifications (Attachments) 36 City Council 10 – 215 10/1/2024 TABLE OF CONTENTS Attachment A-1: Proposer’s Certification and Proposal Item Pricing 38 Attachment A-2: Pricing Proposal 39 Attachment B: References 42 Attachment C: Proposer’s Statement 43 Attachment D: Non-Collusion Affidavit (notarized)44 Attachment E: Non-Lobbying Certification 46 Attachment F: Non-Discrimination Certification 47 Attachment G: Sam.gov UEI Verification 49 Attachment H: Certification Regarding Debarment,50 Suspension, Ineligibility and Voluntary Exclusion Accent on Languages Response 24-022A Volume III - Certifications (Attachments) 37 City Council 10 – 216 10/1/2024 CITY OF SANTA ANA Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. __________________________________________________________________________________ LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS __________________________________________________________________________________ BUSINESS ADDRESS __________________________________________________________________________________ PRINTED NAME OF AUTHORIZED AGENT TITLE __________________________________________________________________________________ SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS __________________________________________________________________________________ FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) __________________________________________________________________________________ CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT A-1 PROPOSER’S CERTIFICATION, PROPOSAL PRICING Accent on Languages Response 24-022A Volume III - Certifications (Attachments) 38 Accent on Languages, Inc. 510-644-9470 / 844-308-9396 2718 Telegraph Avenue Suite 104 Berkeley CA 94705 Eduardo Puyol-Martinez Director 3/20/2024 info@accentonlanguages.com 04-3781767 N/A N/A City Council 10 – 217 10/1/2024 CITY OF SANTA ANA List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT B REFERENCES Accent on Languages Response 24-022A Volume III - Certifications (Attachments) 42 Department of Homeland Security (DHS)Alisha R Massey-Williams (727) 325-0333 Alisha.R.Massey-Williams@uscis.dhs.gov Office of Contracting, 124 Leroy Road Williston VT 05495 $3,999,999 5/1/2023 - 5/1/2024 Over-the-Phone and Video Conferencing Interpreter Services, dedicated to supporting the Department of Homeland Security (DHS) United States Citizenship & Immigration Services (USCIS) Refugee, Asylum, and International Operations (RAIO) Directorate. Our on-demand services operate 24/7, catering to 12 DHS field offices for CFI, RFI, and Safe Third Country Screening Interviews across 40+ languages Alameda County Public Health Department Dellie Cartwright 1100 San Leandro Blvd, San Leandro, CA 94577 510-208-3932 Dellie.Cartwright@acgov.org 2021-2024, just renewed until 2029$6,391,000 Accent on Languages provides on-site, video and over the telephone interpreting services in spoken languages and American Sign Language, and written translation services including formatting and glossary development services. Accent on Languages provides written translation and on-site interpreting services as well as American Sign Language, to support various departments and agencies within the City of Oakland, such as Public Works, Transportation, Office of the Mayor, Parks and Recreation, Health Department, including materials to be posted online in the City’s website. 2022-2025$550,000 150 Frank Ogawa Plaza, Oakland CA 94612 City of Oakland May Tam 510-238-2368 MTam@oaklandca.gov City Council 10 – 218 10/1/2024 CITY OF SANTA ANA Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the 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 nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT C PROPOSER’S STATEMENT Accent on Languages Response 24-022A Volume III - Certifications (Attachments) 43 Accent on Languages, Inc. Eduardo Puyol-Martinez Director 3/20/2024 Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ City Council 10 – 219 10/1/2024 Accent on Languages Response 24-022A Volume III - Certifications (Attachments) 44 City Council 10 – 220 10/1/2024 Accent on Languages Response 24-022A Volume III - Certifications (Attachments) 45 City Council 10 – 221 10/1/2024 CITY OF SANTA ANA The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT E NON-LOBBYING CERTIFICATION Accent on Languages Response 24-022A Volume III - Certifications (Attachments) 46 Eduardo Puyol-Martinez, Director Accent on Languages, Inc. 3/20/2024 City Council 10 – 222 10/1/2024 CITY OF SANTA ANA The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract ATTACHMENT F NON-DISCRIMINATION CERTIFICATION Accent on Languages Response 24-022A Volume III - Certifications (Attachments) 47 City Council 10 – 223 10/1/2024 CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Accent on Languages Response 24-022A Volume III - Certifications (Attachments) 48 Eduardo Puyol-Martinez, Director Accent on Languages, Inc. 3/20/2024 City Council 10 – 224 10/1/2024 CITY OF SANTA ANA On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third-party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity’s registration from SAM.gov, including UEI and active registration status. Proposer’s UEI:_______________________________________________ SAM.gov Registration Expiration Date:_____________________________ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT G SAM.GOV UEI VERIFICATION Accent on Languages Response 24-022A Volume III - Certifications (Attachments) 49 M3W2EQK9LHC1 12/11/2024 City Council 10 – 225 10/1/2024 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification) 1.Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant Name and Title of Official Authorized to Certify On Behalf of the Consultant _______________________________________ Date ATTACHMENT H CERTIFICATE OF DEBARMENT Accent on Languages Response 24-022A Volume III - Certifications (Attachments) 50 Eduardo Puyol-Martinez, Director 3/20/2024 City Council 10 – 226 10/1/2024 EXHIBIT C CONSULTANT’S FEE PROPOSAL City Council 10 – 227 10/1/2024 ITEM DESCRIPTION/ SPECIFICATION On-Site Consecutive ASL American Sign Language (ASL) On-Site Consecutive 1A Arabic (CA designated) 2A Armenian (Eastern and Western) (CA designated) 3A Bengali 4A Cantonese (CA designated) 5A Chinese (Traditional and Simplified) 6A Dari 7A Farsi 8A Hindi 9A Hmong 10A Indonesian 11A Japanese (CA designated) 12A Khmer (CA designated) 13A Korean (CA designated) 14A Loatian 15A Mandarin (Classic CA designated) 16A Mien 17A Nepali 18A Polish 19A Portuguese (CA designated) 20A Punjabi (CA designated) 21A Romanian 22A Russian (CA designated) 23A Serbian 24A Spanish (CA designated) 25A Tagalog (CA designated) 26A Turkish 27A Vietnamese (CA designated) REQUEST FOR CLARIFICATION PRICING PROPOSAL Contractor shall base all costs on an “Hourly Rate” schedule for work performed in accordance with the Scope of Services (Attachment I) of this RFP. The undersigned certifies that he/she has read all documents related to this proposal and understands all terms and conditions related thereto; and in conformity with the terms and conditions, hereby proposes to the City of Santa Ana the following: INTERPRETATION SERVICES AMERICAN SIGN LANGUAGE 135.00$ 120.00$ 155.00$ 135.00$ 135.00$ 155.00$ 135.00$ 115.00$ 135.00$ 135.00$ 135.00$ 115.00$ 115.00$ 115.00$ 135.00$ 135.00$ UNIT COST (PER HOUR) $165 135.00$ 135.00$ 145.00$ 135.00$ 135.00$ 135.00$ 120.00$ 120.00$ 135.00$ 135.00$ 135.00$ EXHIBIT I City Council 10 – 228 10/1/2024 ASL Remote Simultaneous Over the Phone Interpretation (Per Minute)Video-Remote Interpretation (Per Minute) 1A 2A 3A 4A 5A 6A 7A 8A 9A 10A 11A 12A 13A 14A 15A 16A 17A 18A 19A 20A 21A 22A 23A 24A 25A 26A 27A Video-Remote Interpretation (Per minute) 145.00$ 145.00$ 155.00$ 125.00$ 125.00$ 145.00$ 145.00$ 145.00$ 145.00$ 125.00$ 145.00$ 145.00$ 145.00$ 145.00$ 145.00$ 145.00$ 145.00$ 145.00$ 145.00$ 145.00$ 120.00$ 120.00$ 1.55$ 1.55$ 1.25$ 1.25$ 1.25$ 1.55$ 1.25$ 1.25$ 1.55$ 1.55$ 1.55$ 1.55$ 120.00$ 160.00$ 160.00$ 145.00$ 120.00$ $2.99 2.99$ 2.99$ 2.99$ 1.25$ 1.55$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 1.25$ 1.55$ 1.55$ 1.25$ 1.25$ 1.25$ 1.25$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 2.99$ 1.55$ 1.25$ 1.55$ 1.05$ 1.25$ 1.55$ City Council 10 – 229 10/1/2024 ITEM DESCRIPTION/ SPECIFICATION REQUEST FOR CLARIFICATION PRICING PROPOSAL Contractor shall base all costs on an “Hourly Rate” schedule for work performed in accordance with the Scope of Services (Attachment I) of this RFP. The undersigned certifies that he/she has read all documents related to this proposal and understands all terms and conditions related thereto; and in conformity with the terms and conditions, hereby proposes to the City of Santa Ana the following: AMERICAN SIGN LANGUAGE UNIT COST (PER HOUR) 1B Arabic (CA designated) 2B Armenian (Eastern and Western) (CA designated) 3B Bengali 4B Cantonese (CA designated) 5B Chinese (Traditional and Simplified) 6B Dari 7B Farsi 8B Hindi 9B Hmong 10B Indonesian 11B Japanese (CA designated) 12B Khmer (CA designated) 13B Korean (CA designated) 14B Loatian 16B Mien 17B Nepali 18B Polish 19B Portuguese (CA designated) 20B Punjabi (CA designated) 21B Romanian 22B Russian (CA designated) 23B Serbian 24B Spanish (CA designated) 25B Tagalog (CA designated) 26B Turkish 27B Vietnamese (CA designated) ASL American Sign Language (enter min. number of hours x rate per hour) INT Interpretation Services (enter min. number of hours x rate per hour) TRSL Translation Services (enter min. number of words x price per word) WRITTEN TRANSLATION UNIT COST (PER WORD) MINIMUM WORK REQUIREMENTS PER JOB (if applicable) 0.18$ 0.18$ 0.18$ 0.19$ 0.18$ 0.14$ 0.19$ 0.18$ 0.19$ 0.18$ 0.18$ $230 $50 GRAND TOTAL 3,739.61$ (SUM OF ALL LINES ABOVE; ASL, 1A-27A & 1B-27B ) 0.18$ 0.19$ 0.18$ MIN. NO. OF HOURS/WORDS (IF ANY) $330 0.19$ 0.18$ 0.17$ 0.18$ 0.12$ 0.19$ 0.20$ 0.19$ 0.19$ 0.15$ 0.15$ 0.18$ City Council 10 – 230 10/1/2024 ITEM DESCRIPTION/ SPECIFICATION REQUEST FOR CLARIFICATION PRICING PROPOSAL Contractor shall base all costs on an “Hourly Rate” schedule for work performed in accordance with the Scope of Services (Attachment I) of this RFP. The undersigned certifies that he/she has read all documents related to this proposal and understands all terms and conditions related thereto; and in conformity with the terms and conditions, hereby proposes to the City of Santa Ana the following: AMERICAN SIGN LANGUAGE UNIT COST (PER HOUR) RATE PER HOUR/WORD MIN. NO. OF HOURS - WORDS TOTAL UNIT COST ASL (enter min. number of hours x rate per hour)$165 X 2 $330 $165 X 2 $330 PROPOSER RESPONSE PREPARED AND ACKNOWLEDGED BY: PRINT NAME NOTE: Submission of this Proposal will be taken as conclusive evidence that the Contractor has made a careful examination of the Scope of Services and Attachments. Signature page on next page CLOSED-CAPTIONED SERVICES (Optional Services) Accent on Languages, Inc. COMPANY NAME Eduardo Puyol-Martinez Director TITLE 6/25/2024 SIGNATURE DATE Any language listed herein, standard rate City Council 10 – 231 10/1/2024 Price Proposal Form - Attachment A-2 Attachment A-2 included in the next page. This attachment is also included in the Volume III - Certifications (Attachments). Terms of Service Services should be scheduled with at least 48 hours’ notice. Cancellation that is not placed and acknowledged by Accent on Languages at least two (2) business days before the date of the booking will be charged for the full scheduled time. Rates are per hour and per interpreter. All interpreting services have a two (2) hour minimum charge, except video remote services with a scheduled start time prior to 5 PM (one (1) hour minimum). Mileage if applicable will be billed at federal rate. (*) Interpretation services over one (1) hour long will require a team of at least two (2) interpreters. Simultaneous services (video or face to face) may require a team of at least two (2) interpreters for appointments over 30 minutes. Accent on Languages Response 24-022A 30Volume II - Price Quote City Council 10 – 232 10/1/2024 Schedule/pricing information for urgent requests made with less than 24-hours’ notice Rush Fee for In-person Interpretation An additional 15%will be charged on service requests within 24 hours (same-day requests). Expedited Translation Delivery RUSH RATE TIERS <500 WORDS 500-1000 WORDS Rush Rate 1: 2 Hours Turnaround 25%35% Rush Rate 2: 5 Hours Turnaround 20%30% Rush Rate 3: 24 Hours Turnaround Flat rate at 15% (Up to 4000 words) Rush Rate 4: 48 Hours Turnaround Flat rate at 10% (Up to 6000 words) Telephonic Interpretation AD-HOC RATE All Languages $1.75/minute (No minimums) PRESCHEDULED RATE Spanish $90 (Minimum 1 hour, 15 min. increments) Spanish (Legal)$94 (Minimum 2 hours, 15 min. increments) Other Languages $90 (Minimum 1 hour) ASL (Video Remote)$130 (Minimum 2 hours) Accent on Languages Response 24-022A 34Volume II - Price Quote City Council 10 – 233 10/1/2024 City Council 10 – 234 10/1/2024 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/9/2024 (703) 547-5771 (703) 563-1510 Accent on Languages, Inc 2718 Telegraph Avenue, Suite 104 Berkeley, CA 94705 A Professional Liab ATA-001562-0923 9/22/2023 Each Claim 5,000,000 A Professional Liab ATA-001562-0923 9/22/2023 9/22/2024 Aggregate 5,000,000 See attachment for coverage. City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana Santa Ana, CA 92701 ACCEONL-02 RGREEN Alliant Insurance Services, Inc.4530 Walney Rd Ste 200 Chantilly, VA 20151-2285 Renee Green renee.green@alliant.com Lloyd's Syndicate 609 (Atrium Underwriters Limited) 9/22/2024 AA1126609 City Council 10 – 235 10/1/2024 ADDITIONAL INSURED ENDORSEMENT Policy Period:22 September 2023 to 22 September 2024 at 12:01 a.m. standard time Insured:Accent on Languages, Inc Effective Date: 17 July 2024 at 12:01 a.m. standard time Policy Number: ATA-001562-0923 following: City of Santa Ana Retro: 17 July 2024 Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92701 And their respective affiliates and all of their respective directors, officers, and employees as added as an additional insured(s), but only as respects the operations of the Named Insured and subject to the terms, conditions, limits, and exclusions of the policy of insurance. The coverage provided hereunder to the above-named Additional Insured shall be primary and non- contributory to any insurance or self-insurance maintained by the Additional Insured to include primary and non-contributory. Sexual abuse and molestation is excluded. All other terms and conditions remain unchanged. Authorized Representative: ______________________________ Date: _________________ Countersignature: _____________________________________ Barry Peters 7/24/2024 City Council 10 – 236 10/1/2024 City Council 10 – 237 10/1/2024 City Council 10 – 238 10/1/2024 City Council 10 – 239 10/1/2024 City Council 10 – 240 10/1/2024 City Council 10 – 241 10/1/2024 City Council 10 – 242 10/1/2024 City Council 10 – 243 10/1/2024 City Council 10 – 244 10/1/2024 City Council 10 – 245 10/1/2024 City Council 10 – 246 10/1/2024 City Council 10 – 247 10/1/2024 ADDITIONAL INSURED ENDORSEMENT Policy Period:22 September 2023 to 22 September 2024 at 12:01 a.m. standard time Insured:Accent on Languages, Inc Effective Date: 17 July 2024 at 12:01 a.m. standard time Policy Number: ATA-001562-0923 following: City of Santa Ana Retro: 17 July 2024 Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92701 And their respective affiliates and all of their respective directors, officers, and employees as added as an additional insured(s), but only as respects the operations of the Named Insured and subject to the terms, conditions, limits, and exclusions of the policy of insurance. The coverage provided hereunder to the above-named Additional Insured shall be primary and non- contributory to any insurance or self-insurance maintained by the Additional Insured to include primary and non-contributory. Sexual abuse and molestation is excluded. All other terms and conditions remain unchanged. Authorized Representative: ______________________________ Date: _________________ Countersignature: _____________________________________ Barry Peters 7/24/2024 City Council 10 – 248 10/1/2024 Community Development Agency www.santa-ana.org/community-development Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Contract Staffing Support for the Rent Stabilization and Just Cause Eviction Program AGENDA TITLE Agreement with RSG, Inc. for Contract Staffing to Support the Rent Stabilization and Just Cause Eviction Program (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute Agreement with RSG, Inc. to provide contract staffing for the Rent Stabilization and Just Cause Eviction Program for a two-year term, with provisions for up to two, one-year extensions, in a total amount not to exceed $800,000 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The City began using RSG to augment City staffing for the Rent Stabilization Program since its implementation on October 28, 2021. The City has extended their services three times, per the following Table. Date Consultant Name Term Amount October 28, 2021 RSG, Inc.Original Agreement $ 300,000 September 6, 2022 RSG, Inc.First Amendment $ 500,000 November 7, 2023 RSG, Inc.Second Amendment $ 500,000 Total:$1,300,000 Staff desires to continue their services to provide consistent staffing for a hybrid model that the City has been operating under to help bridge services in the administration of the Rent Stabilization Program. Staff recommends that the City Council approve a two-year agreement with RSG, with an option for the City to extend the agreement for up to two additional one-year terms. The current agreement terminated on September 6, 2024, and the new service agreement, effective October 1, 2024, will have a total not-to-exceed amount of City Council 11 – 1 10/1/2024 Contract Staffing Support for the Rent Stabilization and Just Cause Eviction Program October 1, 2024 Page 2 4 5 4 5 $800,000, inclusive of retroactive payments for services rendered since September 7, 2024 (as detailed in Exhibit 1). Under this agreement, RSG will continue to assist the City administer the Ordinance by providing the following services: •Provide temporary staffing to respond to public inquiries. •Support staff with the Rental Registry and property exemptions. •Review and process Fair Return Petitions, Capital Improvement Petitions, and written evaluations. •Support City staff with review and process of Tenant Petitions. •Provide support with Petition Hearings. •Assist the City Clerk and staff with the formation of the Rental Housing Board, including Board member trainings, orientations, and materials. •Provide new and temporary staff training, including training materials. •Refer tenant legal matters and interpretation questions to community legal aid organizations, as needed. •Conduct research on best practices and surveys. •Provide advisory services. FISCAL IMPACT Funds are budgeted and available in the following account for the current fiscal year and will be budgeted in future fiscal years: Fiscal Year Accounting Unit-Account Fund Description Accounting Unit, Account Description Amount FY 24-25 18518700- 62300 Rent Stabilization Rent Stabilization, Contract Services - Professional 400,000 FY 25-26 18518700- 62300 Rent Stabilization Rent Stabilization, Contract Services - Professional 400,000 Total Expenditures $800,000 EXHIBIT(S) 1. Agreement with RSG, Inc. Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager City Council 11 – 2 10/1/2024 AGREEMENT TO IMPLEMENT THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE BETWEEN RSG, INC. AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 1st day of October 2024 by and between RSG, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A.The City desires to retain a Consultant having special skill and knowledge in the field of facilitating the administration and implementation of the City's Rent Stabilization and Just Cause Eviction Ordinance, provide training to the Rent Stabilization Division, and assist with community outreach and engagement. B.City previously entered into Agreement #A-2021-192-01 with Consultant for said services. City desires to re-engage Consultant and City staff confirmed that said engagement is consistent with City purchasing policies. Consultant represents that Consultant is able and willing to provide such services to the City. C.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services and Fee Schedule -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 Scope of Services and Fee Schedule -Exhibit A.The total amount to be expended during the term of this Agreement shall not exceed$800,000. City shall recognize and compensate Consultant for services rendered from September 7, 2024 through the effective date of the Agreement, detailed above. 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. City and Consultant agree that all payments due and owing under this Agreement shall be made Page 1 of9 #426795vl EXHIBIT 1 City Council 11 – 3 10/1/2024 through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3.TERMThis Agreement shall commence on the date first written above for a two (2) year term, with the option for the City to grant up to two 1-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4.INDEPENDENT CONTRACTORConsultant shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5.OWNERSHIP OF MATERIALSThis 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.INSURANCEPrior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which Page 2 of9 #426795vl EXHIBIT 1 City Council 11 – 4 10/1/2024 may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. a.MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: l.Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2.Automobile Liability: Insurance Services Office Form Number CA 00 01 covering, Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4.Professional Liability (Errors and Omissions): insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b.Other Insurance Provisions -The above required insurance policies are to contain, or be endorsed to contain, the following provisions: #426795vl 1.City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2.Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3.For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. Page 3 of9 EXHIBIT 1 City Council 11 – 5 10/1/2024 4.A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5.Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. 6.Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Community Development Agency, Executive Director, 20 Civic Center Plaza M-25, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. c.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. d.Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City. e.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. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f.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 Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and Page 4 of9 #426795vl EXHIBIT 1 City Council 11 – 6 10/1/2024 hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8.INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9.RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3)years from the date of final payment to Consultant under this Agreement. 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 Page 5 of9 #426795vl EXHIBIT 1 City Council 11 – 7 10/1/2024 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 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 Page 6 of9 #426795v l EXHIBIT 1 City Council 11 – 8 10/1/2024 compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a.As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b.Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17.JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18.PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and 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: Page 7 of9 #426795vl EXHIBIT 1 City Council 11 – 9 10/1/2024 To City: City Clerk 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, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-6956 To Consultant: Attn: Tara E. Matthews Principal RSG, Inc. 170 Eucalyptus Avenue, Suite 200 Vista, CA, 92084 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20.MISCELLANEOUS PROVISIONS a.Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b.All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 8 of9 #426795vl EXHIBIT 1 City Council 11 – 10 10/1/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year firstabove written.ATTEST: Jennifer L. HallCity ClerkAPPROVED AS TO FORM: SONIAR. CARVALHOCity Attorney CITY OF SANTA ANA Alvaro NunezCity ManagerCONSULTANT: By:!jucluc. ()JJ �4_� -1tJL, �QJ-0 � {D�Andrea Garcia-Miller Assistant City AttorneyRECOMMENDED FOR APPROVAL:Michael L. Garcia Executive Director Community Development Agency#426795vl Name:\ (Af� (v'\�+'-he�sTitle: �th'\C., f "'\Page 9 of9EXHIBIT 1 City Council 11 – 11 10/1/2024 EXHIBIT A SCOPE OF SERVICES AND FEE SCHEDULE EXHIBIT 1 City Council 11 – 12 10/1/2024 /R\ R §,� COMMUNITIES. � BOLDER FUTURES, May 22, 2024 Maricela Marquez, Rent Stabilization Division Manager City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) Santa Ana, CA 92701 Via Email PROPOSAL-A DMINISTER THE CITY'S RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES AND PROVIDE TR AINING, SUPPORT, AND GENERAL CONSULTING SERVICES RSG, Inc. welcomes the opportunity to provide the City of Santa Ana ("City") with services related to the City's Rent Stabilization and Just Cause Eviction Ordinance ("Ordinance"). It is our understanding that the City is seeking a consultant to provide administrative services for the City's Just Cause Eviction and Rent Stabilization Ordinance. In the next year, the City will be hiring additional program staff to staff the new Rent Stabilization Division and we understand that RSG will help with training, implementation of the Ordinance, Rental Review Board training, rental registration, and community outreach and engagement. The following details the scope of services RSG will provide, the project team, and the fee schedule. SCOPE OF SERVICES RSG will perform the following Scope of Services: Implementation RSG is available to assist the City in the continued launch of the City's Ordinance, and to respond to public inquiries as needed. It should be noted that RSG only has Spanish speakers on staff and would need to work with the City to identify other translation services needed. We would work closely with the contacts that the City already has. •Content Creation -RSG can prepare ongoing program information for property owners and tenants, including: •maximum allowable rent increase, and •letters to rental property owners. •Workshops/Webinars -RSG can conduct up to two (2) workshops per month after the introduction of any new provision to the ordinances. These workshops will be in-person and online in the form of a webinar. They will be recorded and made available on the City website for future reference. The workshops can be tailored to specific groups such as non-profits and tenants' organizations that may assist renters with the Ordinance, and property owners and property managers. RSG will work with the City to provide translation for these workshop/webinars in Spanish and Vietnamese. •Written Notices to Tenants and Landlords/Owners -RSG can work with the City Attorney to prepare and update required notices as identified in the Ordinance. Ongoing Administration RSG is available to administer the City's Ordinance on an ongoing basis, and continue to respond to public inquiries as needed, including: SAN DIEGO • LOS ANGELES • OAKLAND 170 Eucalyptus Ave., Suite 200, Vista, CA 92084 I 714.541.4585 I rsgsolutions.com EXHIBIT 1 City Council 11 – 13 10/1/2024 •CPI Rent Increase Calculations-RSG will prepare and distribute allowable rent increase amounts to affected property owners pursuant to the procedures detailed in the RSO. CPI calculations determine the allowable percentage a property owner/landlord is allowed to increase a tenant's rent by. The RSO states that this shall be the lesser of 3% per annum or 80% of the change in CPI. •Fair Return Petition Review -If a property owner/landlord believes the annual RSO rent increase does not allow for a sufficient fair return on investment, they may file a petition for a fair return increase that may allow for an adjustment above the 3% or CPI calculation. This process requires reviewing income and expense information and performing a maintenance of net operating income analysis. •Petition Review -Based on the need for the City, RSG is available to review or provide support to City staff as needed for reviewing the Petition to ensure that it is complete and adheres with the RSO requirements, that all claimed expenses are eligible operating expenses, and that property revenues are verified. Petition Review also includes preparing correspondence to the applicant informing them if their Petition has been deemed complete or insufficient. If the Petition is incomplete, RSG will support City staff as needed with informing the applicant of any deficiencies with sufficient detail and provide them an opportunity to submit additional information. RSG anticipates that the City will be responsible for all mailings. •Net Operating Income ("NOi") Analysis -RSG will support City staff as needed with using a Maintenance of Net Operating Income ("MNOI") methodology for determining fair and reasonable rent. The MNOI method is a recognized and accepted practice used in other jurisdictions for evaluating fair return increases under rent stabilization. RSG will support City staff with calculating a base year NOi for a property prior to adoption of the RSO, using actual historical revenue and expenses for that property, collected through the Petition process. City staff will provide the analysis to the City for review so the City Manager or designee can decide on the allowable rent increase amount. RSG will also support City staff with evaluating all the other factors that may be considered by the City Manager as part of the rent increase as detailed in the RSO Section 8-1998.3(c). •Written Evaluation -Based on the need for the City, City staff or RSG will prepare a written evaluation of the materials submitted by the applicant and residents. The written evaluation will include a description of the various rent increase factors and the proposed allowable rents under each method. •Capital Improvement Petition -Based on the need for the City, RSG is available or will provide support to City staff as needed for ensuring that all capital improvements meet the definitions detailed in the Ordinance. Determination of allowable capital improvement increases are based on amortization schedules and any relevant factors affecting amortization, such as the quality of the improvement and external factors that affect its longevity. The calculation of the allowable rent increase is based on the total improvement costs plus interest divided by amortization period (number of years) and then divided by 12 to reflect the monthly payment. •Petition Review -RSG will support City staff as needed with reviewing the Application to ensure that it is complete and adheres to the Ordinance requirements. City staff or RSG will also confirm that all claimed expenses are eligible capital expenses. Review also includes preparing correspondence to the applicant informing them if their petition has been deemed complete or insufficient. If the Application is incomplete, RSG will support City staff as needed with informing the applicant of any deficiencies with sufficient detail and provide them an opportunity to submit additional information. RSG anticipates that the City will be responsible for all mailings. EXHIBIT 1 City Council 11 – 14 10/1/2024 •Written Evaluation -Based on the need for the City, City staff or RSG will prepare a written evaluation of the materials submitted by the applicant and residents. The written evaluation will include a description of the capital improvements and the proposed pass-through amount. The purpose of the written evaluation is to assist the Hearing Officer or the Rental Review Board in coming to a determination. •Tenant Petition - A tenant may file a petition with the City if they believe the property owner/landlord is in violation of the Ordinance. •Review-Based on the need for the City, RSG is available to review or provide support to City staff as needed for reviewing the Petition for completeness and correspond with tenant as to whether it is accepted and the time of the hearing. •Coordination -RSG will coordinate with City staff and the Hearing Officer on any petition items. •Petition Hearings -RSG will be available to attend any Hearings to answer any questions that the public, Hearing Officers, or Rental Review Board may have on our portion of the analysis. This includes time for hearing preparation and any required briefings by legal counsel prior to the Hearing(s). We understand that there is the possibility of more than one Hearing. •Tenant Complaints -RSG will provide information to tenants regarding the provisions of the Ordinance but will not be expected to assist the tenant any further regarding complaints or enforcement. Rather, tenants will be directed to contact an attorney that can file a civil suit if warranted. •Staff Training-RSG understands that all or a portion of the services will be on an interim basis until such time as City staff, the Rental Housing Board, or another designated party, is ready to assume responsibility for implementation. RSG is available to prepare training materials and support as needed for use for program implementation. Advisory Services RSG understands that the City may from time to time like to continue to evaluate potential improvements to the Ordinance. RSG is available to conduct necessary research as directed, including but not limited to best practices and procedures of rent stabilization and just cause eviction ordinances in other communities. RSG can attend and participate in City Council and Staff meetings, as requested. We are also available to conduct surveys or other forms of community outreach as needed. RSG will be available to provide analysis, expert testimony, or other support to the City regarding any legal challenges to the Ordinance. PROJECT TEAM Tara Matthews will serve as the Managing Principal providing oversight for all aspects for the engagement and will be the primary consultant. She will be assisted by, Cindy Blot, Senior Associate, Sara Court, Associate, Jill Glickman, Analyst, and Brice Wildemuth, Analyst, who all have previous experience with rent stabilization ordinances. Other RSG staff may be assigned as needed. Resumes of staff are available at www.rsgsolutions.com or can be provided upon request. REFERENCES Mobilehome Park Fair Return Rent Adjustment Petition Administrative Services -City of El Monte EXHIBIT 1 City Council 11 – 15 10/1/2024 Contact: Alma Martinez, City Manager 11227 Valley Boulevard, Suite 200 El Monte, CA 91731 626.580.2001 / amartinez@elmonteca.gov RSG assists the City of El Monte with administration of the City's Mobile home Park Rent Stabilization Program by providing services as it pertains to the El Ravia Trailer Village, LLC Rent Increase Petition Review and MNOI Analysis. The scope of services includes the following: •Petition Review -RSG reviews the Petition to ensure that it is complete and adheres with the Program guidelines and that all claimed expenses are eligible Program operating expenses. Additionally, RSG verifies park revenues. Petition Review also includes preparing correspondence to the Park Owner informing them if their Petition has been accepted or rejected. Should a petition be rejected, RSG will detail the reason for the rejection to inform the Park Owner of any deficiencies. •Maintenance of Net Operating Income ("MNOI") Analysis -RSG calculates the MNOI and the proposed MNOI Entitlement pursuant to Section 8. 70.080 of the Municipal Code. •Public Hearing -RSG attends public hearings as needed to answer any questions that the public or Hearing Officers may have on our portion of the analysis. •Settlement Agreement Analysis -RSG evaluates the rent differences between the terms proposed in the Settlement Agreement versus the MNOI Analysis as needed. Mobilehome Park Rent Control Program Administration -City of Carson Contact: Saied Naaseh, Director of Community Development 701 E. Carson Street Carson, CA 90745 310.952.1770 / SNaaseh@carsonca.gov Since 2017, RSG principal Tara Matthews has served as the City of Carson's Interim Housing Program Manager. In this role, she administers the City's mobilehome park rent control program. The scope of services includes the following: •Rent Increase Application Review and Processing -RSG reviews all applications submitted by park owners seeking either a capital improvement or a fair return rent increase. RSG ensures that each application is complete and adheres to the Program guidelines. This review includes closely evaluating each of the expenses submitted by the park owner to ensure that each reported expense is reasonable, accurate, and sufficiently documented. RSG's work includes frequent communication with park owners and residents, as well as collaboration with the City's legal counsel. •Resident Noticing -Once an application is deemed complete, RSG prepares required noticing for the park residents and is available to answer any questions that the park residents may have. RSG is available for on-site visits as needed to allow park residents an opportunity to review the application and ask in-person questions. •Park Inspections -The processing of each application requires an inspection of the mobilehome park which entails visually inspecting the condition of the park (Fair Return) or verifying the completion and quality of improvements to the park (Capital Improvement). The findings of the inspection are included in the staff report present to the Mobilehome Rental Review Board ("Board"). One of the City's contract inspectors accompanies RSG at these inspections to provide expertise on the park conditions and improvements. •Public Hearing -RSG prepares the public hearing notices mailed to park residents. RSG also prepares the staff reports presented to the Board for consideration at the public hearings. Each staff report includes all material facts related to the application and outlines various rent increase options for the Board to consider. RSG attends all public hearings to present information to the Board and answer any questions posed by the Board. •Staff Training -RSG created a manual and templates for staff to administer the annual CPI EXHIBIT 1 City Council 11 – 16 10/1/2024 calculations. •Point of Contact -RSG responds to general inquiries from park owners, park residents, and the general public regarding the City's mobilehome park rent control program. Rent Stabilization Program Strategic Plan -City of San Jose Contact: Rachel Vanderveen, Deputy Director 200 E. Santa Clara Street, 14th Floor San Jose, CA 95113 408.535.8231 / rachel.vanderveen@sanjoseca.gov In 2022, San Jose embarked on a process to evaluate their current Rent Stabilization Program which includes a 1) Tenant Protection Ordinance, 2) Apartment Rent Ordinance, 3) Ellis Act Ordinance, 4) Mobilehome Rental Ordinance, and 5) Housing Payment Equality Ordinance. RSG is currently preparing a data driven 3-year Strategic Plan that sets goals, identifies metrics, and clearly demonstrates whether the Rent Stabilization Program is meeting the intended purpose. The Strategic Plan will be used to report out on Program effectiveness and to make policy recommendations. Review of Mobilehome Rent Review Application -City of Escondido Contact: Holly Nelson, Housing & Neighborhood Services Manager 201 N. Broadway Escondido, CA 92025 760.839.6203 / hnelson@escondido.org RSG was hired by the City of Escondido in 2022 to assist with the review of a Mobilehome Rent Review Application submitted by the Eastwood Meadows Mobilehome Park. The scope includes reviewing written submissions provided by the park owner and park residents and preparing a report for the rental review board to inform their decision to grant a rent increase. Escondido considered three different types of rent increases that RSG evaluated: Maintenance of Net Operating Income (MNOI), Gross Profits Maintenance Analysis (GPM), and changes in Consumer Price Index (CPI). Mobilehome Park Rent Control Review -City of Palmdale Contact: Sophia Reyes, Housing Manager 38300 Sierra Highway Palmdale, CA 93550 661.267.5100 / SReyes@cityofpalmdale.org In 2022, RSG was hired by the City of Palmdale to review 2021 mobilehome registration documentation submitted by park owners, review rent rolls and related documents, prepare a letter detailing any instances in which the park owner charged excessive rent (if applicable), and prepare a letter approving the implementation of a 2022 Permissive Rent Increase under the City's ordinance. RSG also reviewed the City's mobilehome ordinance, policies, and program documents to create a checklist of the annual registration documentation required. FEE ESTIMATE Our services for this engagement would be charged on a time-and-materials basis. RSG proposes the below hourly rate schedule for these services. Principal/ Director Senior Associate $ 275 $ 200 EXHIBIT 1 City Council 11 – 17 10/1/2024 Associate Senior Analyst Analyst Research Assistant Technician Clerical Reimbursable Expenses $185 $150 $135 $125 $100 $ 60 Cost plus 10% RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs, and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge. RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate. We appreciate the opportunity to provide these services to the City and should you have any questions, please contact Tara Matthews at 714.316.2111 or tmatthews@rsgsolutions.com. Thank you, iw.o.t. �crl1.� Tara E. Matthews RSG, Inc. EXHIBIT 1 City Council 11 – 18 10/1/2024 �RD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 0 8/13/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Erica Hornaday NAME: The Empire Company PHONE I rffc. Nol: IA/C No Extl: 550 North Park Center Drive E-MAIL ehornaday@empire-co.com ADDRESS: Suite 20 5 INSURER($) AFFORDING COVERAGE NAIC# Santa Ana CA 92705 INSURER A: Sentinel Insurance Company, LTD 11000 INSURED INSURERS: Trumbull Insurance Company 27120 RSG, Inc. INSURER C: Navigators Specialty Insurance Company 360 56 170 Eucalyptus Avenue INSURER D: Suite 200 INSURER E: Vista CA 920 84 INSURER F: COVERAGES CERTIFICATE NUMBER: 24/25 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMM/DDNYYYl IMM/DDNYYYl X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000 ,000 -D CLAIMS-MADE [8] OCCUR Ut\lVlt\'-'C: IUrs.r::i.1r::u 1,000 ,000 -PREMISES (Ea occurrence) $ MED EXP (Any one person) $ 10,000 A y y 72SBAAQ7019 01/01/2024 0 1/01/2025 PERSONAL & ADV INJURY $ 1,000,000 2,000 ,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ � POLICY □ j:g: □ LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,0 00 (Ea accident) ANY AUTO BODILY INJURY (Per person) $ A -OWNED -SCHEDULED 72SBAAQ7019 01/01/2024 0 1/01/2025 AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ 25 HIRED 2$ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident) $ UMBRELLA LIAB � OCCUR EACH OCCURRENCE $ 2,000,000 72SBAAQ7019 01/01/2024 01/01/2025 2,000,000 A EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I XI RETENTI ON$ 10•000 $ WORKERS COMPENSATION XI �ffTuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N B ANY PROPRIETOR/PARTNER/EXECUTIVE 0 y 72WECVK8727 01/01/2024 01/01/2025 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ AGGREGATE LIMIT 4,000,000 Errors & Omissions C Claims Made CH24MPLX00 580NC 01/01/2024 01/01/2025 EACH CLAIM 2,000,000 DEDUCTIBLE 10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: RFQ No. 21-107 Affordable Housing Financial, Analytical And Advisory Services -Evidence of Renewal of Insurance applies to agreement dated 9/6/2024. City of Santa Ana, its officers, officials, employees, and volunteers are named as additional insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and non-contributory under the General Liability, where required by written contract, per form (SS 00 0 8 04 05) and (SS 00 0 8 04 0 5). General Liability is Primary and Non-Contributory per form (SS 00 0 8 04 05). General Liability and Worker's Compensation Waiver of Subrogation per forms (SS 00 0 8 04 05) and (WC 04 03 0 6). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana Risk Management Division 20 Civic Center Plaza (M-28) Santa Ana CA 92702 I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �,YMAA--I I,,.., ,_. � n © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Rh�k Management Division R�vlewed and Approved by: ��t Risk Manogl":r EXHIBIT 1 City Council 11 – 19 10/1/2024 Human Resources Department www.santa-ana.org/human-resources Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Classification and Compensation Study Services AGENDA TITLE Agreement with Evergreen Solutions, LLC for Classification and Compensation Study Services (Specification No. 24-081) (General Fund and Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Evergreen Solutions, LLC to provide classification and compensation study services for a term of one year, which will expire September 30, 2025, in an amount not to exceed $128,500 (Agreement A-2024- XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The purpose of the study is to review the City’s compensation of employees as it relates to the City’s comparative labor market as well as determining appropriate benchmark classifications for future studies. There have been a significant number of requests for classification review, as well as difficulty in recruiting for some positions due to low wages. The results of the study will assist the City in making decisions that affect recruitment, retention, operational efficiency, and labor relations. The Human Resources Department worked with representatives from each affected union (CASA, SAMA, and SEIU) to select a qualified vendor to conduct a citywide compensation study. While only the SEIU MOU includes a provision for conducting a study, the classifications for other bargaining groups who also have not had a study done in recent years will be included. Request for Proposals (RFP) No. 24-081 was issued on June 13, 2024 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows: 721 Vendors notified 0 Santa Ana vendors notified 24 Vendors downloaded the RFP packet City Council 12 – 1 10/1/2024 Classification and Compensation Study Services October 1, 2024 Page 2 4 5 8 3 8 Proposals received 0 Proposals received from Santa Ana vendors Proposals were solicited, opened on July 11, 2024, and evaluated. Eight proposals were submitted by the RFP deadline and seven proposals were determined to be responsive to the specifications and met the City’s requirements. The proposal submitted by Transformance Consulting was deemed non-responsive as they did not submit all required documents by the RFP, and did not meet RFP specifications. An evaluation committee made up of representatives from the affected bargaining groups (CASA, SAMA, and SEIU) reviewed and rated the proposals according to the criteria listed in the RFP, and the following summarizes the responding firms and their rankings: Firm Location Rank Evergreen Solutions, LLC Tallahassee, FL 1 MGT of America Consulting, LLC Tallahassee, FL 2 Public Sector Personnel Consultants, Inc.Los Angeles, CA 3 CBIZ Compensation Consulting St. Louis, MO 4 Segal Washington, D.C.5 Koff & Associates Berkeley, CA 6 Class and Comp HR Consulting Yorba Linda, CA 7 In accordance with the RFP criteria, the evaluation committee evaluated proposals and determined that Evergreen Solutions, LLC best met the City’s specifications, demonstrated vast experience working with similar-sized California public agencies, and offered the most competitive pricing among the firms capable of delivering the required level of service. Therefore, staff recommends awarding agreements with Evergreen Solutions, LLC. (Exhibit 1). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the current FY 2024-2025 budget in the following account: Accounting Unit- Account Number Fund Description Accounting Unit – Accounting Description Amount 01109051 – 62300 HR Employee Relations Service Enhancement Contract Services - Professional $128,500 City Council 12 – 2 10/1/2024 Classification and Compensation Study Services October 1, 2024 Page 3 4 5 8 3 EXHIBIT(S) 1. Consultant Agreement Between Evergreen Solutions LLC and City of Santa Ana Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nuñez, City Manager City Council 12 – 3 10/1/2024 Page 1 of 9 #430731v1 CONSULTANT AGREEMENT BETWEEN EVERGREEN SOLUTIONS LLC. AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 1st day of October, 2024 by and between Evergreen Solutions, LLC., a Florida 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.The City desires to retain a Consultant having special skill and knowledge in the field of conducting classification and compensation studies and released Request for Proposal (“RFP”) 24-081 to invite proposals from qualified companies. B.All proposals submitted in response to RFP 24-081 were evaluated and Consultant was selected to be awarded this Agreement. C.Consultant represents that it is able and willing to provide such services to the City. D.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - 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 payment plan indicated below: Percentage of total cost Completion of Specified Tasks 15% = $19,275 Task 1-2 30% = $38,550 Tasks 3-4 40% = $51,400 Tasks 5-8 15% = $19,275 Tasks 9-10 Total = $128,500 City Council 12 – 4 10/1/2024 Page 2 of 9 #430731v1 b.The total amount to be expended during the term of this Agreement shall not exceed one hundred and twenty eight thousand five hundred dollars ($128,500.00). The amount includes all travel costs (meals and lodging), transportation, fringe benefits, indirect costs, clerical support, and all other out-of-pocket costs. c.Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3.TERM This Agreement shall commence on the date first written above for a one (1) year term ending September 30, 2025, 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. City Council 12 – 5 10/1/2024 Page 3 of 9 #430731v1 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 any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. A. MINIMUM SCOPE AND LIMIT OF INSURANCE 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2) Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3) Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4) Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. B. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. C. Other Insurance Provisions- the above required insurance policies are to contain or be endorsed to contain the following provisions: 1) City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional City Council 12 – 6 10/1/2024 Page 4 of 9 #430731v1 Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2) Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3) For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4) A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5) Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. 6) Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Human Resources Agency, 20 Civic Center Plaza M-24, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. D. 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. E. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. F. Verification of Coverage- Consultant shall furnish 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City Council 12 – 7 10/1/2024 Page 5 of 9 #430731v1 G. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. H. 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 liabilit y, 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 City Council 12 – 8 10/1/2024 Page 6 of 9 #430731v1 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 prot ect 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 City Council 12 – 9 10/1/2024 Page 7 of 9 #430731v1 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 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 12 – 10 10/1/2024 Page 8 of 9 #430731v1 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 S tate 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: City Clerk 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, Human Resources Agency City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702 To Contractor: 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 Jeffrey Ling, PhD President Evergreen Solutions LLC. 2528 Barrington Circle, Unit 201 Tallahassee, Florida 32308 Fax: 850-383-1511 City Council 12 – 11 10/1/2024 City Council 12 – 12 10/1/2024 EXHIBIT A SCOPE OF SERVICES City Council 12 – 13 10/1/2024 Evergreen Solutions, LLC Page 12 4. Proposed Work Plan In this section, we provide you with our approach and methodology for providing Classification and Compensation Study Services to the City of Santa Ana; a detailed work plan─ identifying the tasks, activities, and milestones necessary to accomplish the deliverables listed in the scope of services of the Request for Proposals (RFP); and a proposed timeline. 4.1 Approach and Methodology Evergreen Solutions is uniquely qualified to provide Classification and Compensation Study Services to the City of Santa Ana as our team includes recognized experts in local government human resources management and understands that there is not a “one size fits all” solution to compensation management. Our approach is built on working collaboratively with all parties to make sound, implementation-focused recommendations. Specifically, we have developed a methodology that: focuses on market competitiveness; is based on the organization’s compensation philosophy; recognizes that compensation is comprised of more than just base pay levels; reflects changes in recent compensation strategies; designs custom solutions that take into account the diversity of needs present in the organization and allows you to select the components and options that best meet your overall needs; and produces a structure that improves the organization’s ability to recruit, reward, motivate, and retain talent in a competitive environment that includes both public and private sector employers. We will work closely with the City’s designated Project Manager (i.e., Executive Director of Human Resources), City Manager, and the Human Resources Department throughout the process to ensure constant communication of issues, concerns, and potential outcomes. We work closely with your staff to gain a solid understanding of your current operational realities, challenges, and desired outcomes. Moreover, Evergreen will work with you to balance your need to meet your performance goals while carefully managing your resources. Compensation management has undergone significant transformation in the private sector and over time public sector organizations have mirrored these changes. While compensation once centered on the separate administration of base pay and core benefits, a shift has occurred that has transformed compensation management. Progressive organizations now recognize that to effectively recruit, reward, motivate, and retain employees, compensation management requires strategic thinking and planning. Compensation management must support an organization’s overall strategic direction. To accomplish this, effective organizations design a compensation philosophy that details where an organization wants to be in relation to the market in key areas. These key areas include cash compensation, and work/life balance. Compensation is thus a reflection of the organization’s philosophy. Evergreen realizes that we will need to tailor our approach to fit the operating, fiscal, and competitive needs of the organization. Recommendations must always reflect competitive needs while supporting the organization’s overall mission. 4.2 Detailed Work Plan The detailed work plan that Evergreen proposes to use to provide Classification and Compensation Study Services to the City of Santa Ana is provided in this section. Evergreen understands the City has approximately 1,200 full-time employees and approximately 475 part-time employees in 488 classifications that will be included in the study. City Council 12 – 14 10/1/2024 Evergreen Solutions, LLC Page 13 Our work plan consists of the following 10 work tasks: • Task 1: Project Initiation • Task 2: Evaluate the Current System • Task 3: Collect and Review Current Environment Data • Task 4: Evaluate and Build Projected Classification Plan and Make FLSA Determinations • Task 5: Identify List of Market Survey Benchmarks and Approved List of Targets • Task 6: Conduct Market Salary and Benefits Survey and Provide External Assessment Summary • Task 7: Develop Strategic Positioning Recommendations • Task 8: Conduct Solution Analysis • Task 9: Develop and Submit Draft and Final Reports • Task 10: Develop Recommendations for Compensation Administration Task 1.0: Project Initiation TASK GOALS: Finalize the project plan with the City; gather all pertinent data; finalize any remaining contractual negotiations; and establish an agreeable final timeline for all project milestones and deliverables. TASK ACTIVITIES 1.1 Discuss with the City’s Project Manager (CPM), City Manager and/or Executive Director of Human Resources, and any other key personnel the following objectives: the classification and pay plan study process; understand mission and current compensation philosophy; review our proposed methodology, approach, and project work plan to identify any necessary revisions; reach agreement on a schedule for the project including all assignments and project milestones/deliverables; and establish an agreeable communication schedule. 1.2 Identify potential challenges and opportunities for the study. Discuss the strategic direction of the City and some of the short- and long-term priorities. This activity serves as the basis for assessing where the City is going and what type of pay plan will reinforce current and future goals. 1.3 Obtain relevant materials from the City, including: any previous projects, research, evaluations, or other studies that may be relevant to this project; organizational charts for the departments and divisions, along with related responsibility descriptions; and current position and classification descriptions, salary schedule(s), benefits information, and classification system. 1.4 Review and edit the project work plan and submit a timeline for the completion of each project task. KEY PROJECT MILESTONES: Comprehensive project management plan; and comprehensive database of City staff Task 2.0: Evaluate the Current System TASK GOAL: Conduct a comprehensive preliminary evaluation of the existing classification and compensation plan(s) for the City. TASK ACTIVITIES 2.1 Obtain the existing pay structure and compensation philosophy. Review the existing pay structure and look for potential problems and issues to be resolved. City Council 12 – 15 10/1/2024 Evergreen Solutions, LLC Page 14 2.2 Identify the strengths and weaknesses of the current pay plan(s) for the City. 2.3 Identify any pay compression issues and discuss solutions. 2.4 Complete an assessment of current conditions that details the nature of the current system, taking into consideration compensation and benefits, as well as highlights areas for potential improvement in the final adopted solution. KEY PROJECT MILESTONES: Review of existing compensation plan(s); and assessment of current conditions Task 3.0: Collect and Review Current Environment Data TASK GOALS: Conduct statistical and anecdotal research into the current environment within the City; and guide subsequent analytical tasks. TASK ACTIVITIES 3.1 Schedule and conduct employee orientation sessions to describe the scope of work and methodology. 3.2 Interview department heads to obtain relevant information and statistical data on specific compensation issues and policies. Obtain insight into perceived current compensation system strengths and weaknesses. 3.3 Hold focus groups with a sample of employees to obtain additional relevant information and statistical data on specific compensation issues and policies. 3.4 Work with the CPM and Human Resources staff to administer the JATs and MITs. Our staff utilizes a web-based tool for data collection, but we can provide paper copies as well as those for classifications without computers or Internet access. We will seek approval from the CPM before distribution of the JAT/MIT questionnaire. 3.5 Review any data provided by the City that may provide additional relevant insight. Note: Evergreen will provide two staff persons over the course of three days to conduct all outreach in this task. KEY PROJECT MILESTONES: Department head interviews; employee focus groups and orientation sessions; and JAT/MIT distribution Task 4.0: Evaluate and Build Projected Classification Plan and Make FLSA Determinations TASK GOALS: Identify the classification of existing positions utilizing the approved method for job evaluation; and characterize internal equity relationships within the City. TASK ACTIVITIES 4.1 Ensure that all draft class specifications are provided to Evergreen by the CPM. 4.2 Review the work performed by each classification and score based on job evaluation. Include an evaluation of supervisory comments. City Council 12 – 16 10/1/2024 City Council 12 – 17 10/1/2024 Evergreen Solutions, LLC Page 16 KEY PROJECT MILESTONES: Final list of benchmark positions for the external labor market assessment salary and benefits survey; initial list of survey peers; survey methodology; and final list of survey organizations and contacts Task 6.0: Conduct Market Salary and Benefits Survey and Provide External Assessment Summary TASK GOALS: Conduct the external labor market salary survey; conduct a benefits survey; and provide a summary of the market salary and benefits survey results to the CPM. TASK ACTIVITIES 6.1 Prepare a customized external labor market salary survey for the CPM’s approval. Discuss questions and categories for the market survey. 6.2 Develop a listing of the current benefits for comparisons with peer organizations. 6.3 Using the list of City provided benefits (i.e., paid leave and holiday) and major benefits offerings not provided by the City develop a list of benefits to include in the external labor market survey. 6.4 Prepare benefits survey to be included with salary survey developed in Task 6.1. 6.5 Contact the targets for electronic completion of the survey. Provide paper copies by fax, if requested. 6.6 Conduct necessary follow-up through e-mails, faxes, and phone calls. 6.7 Collect and enter survey results into Evergreen’s electronic data analysis tools. 6.8 Validate all data submitted. 6.9 Develop summary report of external labor market salary and benefits assessment results. 6.10 Submit summary report of external labor market salary and benefits assessment results to the CPM. KEY PROJECT MILESTONES: Market survey instrument; benefits survey; and summary report of external labor market salary and benefits assessment results Task 7.0: Develop Strategic Positioning Recommendations TASK GOALS: Determine the City’s compensation philosophy; and develop a plan for all employees, providing issue areas and preliminary recommendations for strategic improvement. TASK ACTIVITIES 7.1 Identify the compensation philosophy and accompanying thresholds. 7.2 Using the market salary survey data collected in Task 6.0, and the classification data reviewed in Task 4.0, recommend the appropriate pay plan(s) for the City. 7.3 Produce a revised pay plan for the City that meets its needs from an internal and external equity standpoint. City Council 12 – 18 10/1/2024 Evergreen Solutions, LLC Page 17 7.4 Provide options for the implementation of the recommended compensation strategy changes including identification of advantages, disadvantages, and a five-year forecast for the fiscal impacts of the changes. 7.5 Provide recommendations for changes to City compensation system and total compensation philosophies, including paid leave and holiday, to address competitive labor market concerns, salary compaction/compression and resources required for ongoing system maintenance. KEY PROJECT MILESTONES: Proposed compensation strategic direction, taking into account internal and external equity; and plan for addressing unique, highly competitive positions Task 8.0: Conduct Solution Analysis TASK GOALS: Conduct analysis comparing job evaluation values; survey results for the benchmark positions; and produce several possible solutions for implementation. TASK ACTIVITIES 8.1 Conduct regression analysis or other appropriate techniques to properly slot each classification into the proposed pay plan for the City. 8.2 Place all classifications into pay grades based on Task Activity 8.1. Sort alphabetically by job class title, in descending order by range, and by old class title and new class specifications. 8.3 Create implementation solutions for consideration that take into account the current position of the City as well as the findings from the classification and compensation analysis. Identify and prepare a range of compensation policy alternatives. 8.4 Discuss with the CPM potential solutions. 8.5 Determine the best solution to meet the needs of the City in the short-term and long-term. 8.6 Document the accepted solution. KEY PROJECT MILESTONES: Initial regression analysis, potential solution, and documented final solution Task 9.0: Develop and Submit Draft and Final Reports TASK GOALS: Develop and submit a draft and Final Report of the Classification and Compensation Study Services to the City of Santa Ana; and present the Final Report. TASK ACTIVITIES 9.1 Produce a comprehensive draft report that captures the results of each previous step, including a complete listing of the allocation of job classes to salary range requirements. Provide the CPM with a draft final report for review that will include all costs associated with recommendations as well as implementation strategies. 9.2 Make edits and submit necessary copies of the Final Report to the CPM. City Council 12 – 19 10/1/2024 Evergreen Solutions, LLC Page 18 9.3 Present the Final Report to the CPM, City Manager and City Council, and any other stakeholders. 9.4 Develop a communication plan for sharing study results with employees of the City. 9.5 Develop a plan for maintaining recommendations over time. KEY PROJECT MILESTONES: Draft and final reports; final presentation; communication plan; and implementation and maintenance database Task 10.0: Develop Recommendations for Compensation Administration TASK GOALS: Develop recommendations for continued administration by City staff to sustain the recommended compensation and classification system, and conduct training. TASK ACTIVITIES 10.1 Develop recommendations and guidelines for continued administration and maintenance of the classification and compensation system by City staff, including recommendations and guidelines related to: how employees will move through the pay structure/system as a result of transfers, promotions, or demotions; how to pay employees whose base pay has reached the maximum of their pay range or value of their position; the proper mix of pay and benefits; how often to adjust pay scales and survey the market; the timing of implementation; and how to keep the system fair and competitive over time. 10.2 Present recommendations to the CPM for review. 10.3 Finalize recommendations. 10.4 Provide training and instructional tools to Human Resources Department staff to ensure that staff can conduct individual salary audits/adjustments consistent with study methods until the next formal study is conducted using Evergreen’s JobForce Manager tool that will enable Human Resources staff to estimate future pay plan changes, update market information, make determinations on reclassifications, and create new jobs – allowing for streamlining, and an increase in fairness and transparency of regular compensation and classification tasks after solution implementation. KEY PROJECT MILESTONES: Recommendations for compensation administration, and training on Evergreen’s JobForce Manager tool 4.3 Proposed Timeline Evergreen possesses the ability, staff, skills, and tools to provide Classification and Compensation Study Services to the City of Santa Ana in approximately four months of the project start date and following the signing of the contract. This timeline is based on a tentative start date of August 26, 2024, as requested in the RFP, and a completion date of December 30, 2024. Our proposed timeline, as identified in Exhibit 2, can be modified in any way to best meet the needs of the City. City Council 12 – 20 10/1/2024 City Council 12 – 21 10/1/2024 Information Technology www.santa-ana.org/departments/information-technology/ Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Enterprise Land Management System Software and Implementation Services AGENDA TITLE Approve Agreements with Carahsoft Technology Corp. and IK Consulting, LLC for Enterprise Land Management System Software and Implementation Services (Specification No. 24-087A) (General Fund and Non-General Fund) (Revive Santa Ana) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with Carahsoft Technology Corp. for software subscription licensing, support, and training of Accela Civic Platform planning, permitting, and licensing system, in an aggregate amount not to exceed $1,800,000, for an initial one-year term beginning October 1, 2024, with provisions for four optional one-year renewals. (Agreement No. A-2024-XXX) 2. Authorize the City Manager to execute an agreement with IK Consulting, LLC for Accela Civic Applications implementation services, in an amount not to exceed $1,107,445, for a 27-month term beginning October 1, 2024 and expiring December 31, 2026. (Agreement No. A-2024-XXX) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Santa Ana Property Information Network (SAPIN) is an internally developed land management, permitting, and code enforcement system that was implemented in 2000 to replace a problematic DOS-based permitting system that had been used by the City since 1993. In 1999, members of the City’s management team researched the software applications that were available at the time and determined that none of them could meet the functional business needs of the City of Santa Ana without heavy customization and special add-ons. Therefore, the decision was made to internally develop the SAPIN system to better meet the City’s needs. Since 2000, the City has been using the SAPIN system for plan checking, building permitting, building inspections, Public Works permitting, and Code Enforcement case management. City Council 13 – 1 10/1/2024 Enterprise Land Management System Software and Implementation Services October 1, 2024 Page 2 4 5 7 1 Although the SAPIN system has been enhanced over the years and has met the needs of the City for more than two decades, its capabilities have fallen behind the technology and functionality now available from off-the-shelf applications on the market. It now makes sense for the City to move from an internally developed application to a standard vendor package that can better meet the City’s needs and provide the improved functionality that the SAPIN system is lacking. On June 15, 2021, the City Council approved agreements with Clariti Cloud and Avocette Technologies to implement the Clariti Permitting and Licensing system. The consultants worked with the Information Technology Department (ITD), Planning and Building Agency (PBA), and the Public Works Agency (PWA) to document the City’s business processes, use cases, and information requirements. This effort resulted in the desired future processes for a new system that allowed all applications to be performed through an online portal. During this phase, it became apparent that, the Clariti Cloud system would require extensive configuration and customization in order to meet the needs of the City. Furthermore, the system would be labor-intensive to support, upgrade, and enhance over time. Given that these systems are typically in use for 15-20 years or longer, the project team collectively decided it would be beneficial for the City to halt the project with Clariti Cloud and Avocette Technologies. At this point, only 31% of the project budget, or $1,053,548, had been spent, and the team concluded that switching to a different solution would be a better long-term fit for the City. A team of staff from ITD, PBA, and PWA decided to re-evaluate the Accela Civic Platform, which was one of the runner-up solutions from the previous procurement. This included seeing several system demonstrations of the system and meeting with other cities to see the system being used. The team determined that the Accela Civic Platform would be the best solution to successfully meet the City’s requirements due to their long history providing this technology to municipalities, the robust functionality of the system, and the successful track record with numerous other cities here in California. Accela was formed in 1981 and incorporated in California in 1999. Accela is a leader in the permitting and licensing space and has more than 2,000 separate agencies that utilize their software. Their latest solution is the Accela Civic Platform which is a cloud- based system that includes modules for planning, permitting, code enforcement, and licensing. The system is currently operating in many local California agencies, including the cities of Huntington Beach, Anaheim, Ontario, Whittier, Torrance, Moreno Valley, Sacramento, Stockton, and Roseville, among others. Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The National Association of State Procurement Officials (NASPO) awarded contract #AR2472 to Carahsoft Technology Corp. Technology Corp., an authorized reseller of Accela Civic Platform software and related support services. The contract was awarded as a result City Council 13 – 2 10/1/2024 Enterprise Land Management System Software and Implementation Services October 1, 2024 Page 3 4 5 7 1 of an open and competitive bidding process that meets the City’s requirements. The first action of this agenda item is to approve the Accela Subscription Services Agreement (Exhibit 1) and authorize purchases of Accela software subscription licensing, support, and training through Carahsoft Technology Corp. (Exhibit 3) In addition to system licensing, the City requires an implementation partner to assist with the system configuration, data migration, interface development, report development, training, and technical support of the Accela Civic Platform. On June 27, 2024, the City issued RFP No. 24-087A for Accela Civic Applications Implementation Services on the City’s online bid management and publication system. A summary of vendor participation and results is as follows: 1,009 Vendors notified 0 Santa Ana vendors notified 23 Vendors downloaded the RFP packet 3 Proposals received Proposals were solicited, opened on July 17, 2024, and evaluated. The three proposals submitted by the RFP deadline were all determined to be responsive to the specifications and met the City’s requirements. A selection team consisting of staff from the IT Department, Planning and Building Agency, and Public Works evaluated the proposals and recommend awarding an agreement to IK Consulting, LLC, the best suited vendor. Proposing firms’ rankings according to the criteria listed in the RFP are as follows: Vendor Name Location Rank IK Consulting Tucson, AZ 1 TruePoint Solutions Loomis, CA 2 Bryne Software Technologies Chesterfield, MO 3 The second action on this agenda item is to approve an agreement with IK Consulting to serve as the implementation partner for the Accela Civic Platform. (Exhibit 2) ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the FY 2024-25 Planning & Building Agency—Permit & Plan Check, accounting unit 01116530, Public Works - Development Engineering, accounting unit 10117605, and American Rescue Plan Act accounting unit 18120013. Future fiscal year funding will be included in the proposed budgets for City Council consideration. The following table is an estimate of the account distribution by fiscal City Council 13 – 3 10/1/2024 Enterprise Land Management System Software and Implementation Services October 1, 2024 Page 4 4 5 7 1 year; however, the actual amounts for each fiscal year may vary based on the timing of the system implementation. Account Unit – Account # Account Description FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 Total 01116530- 66511 Planning and Building Agency- Permit & Plan Check - Computer Software Subscriptions 72,000 225,000 243,000 255,000 285,000 1,080,000 10117605- 66511 Public Works - Development Engineering - Computer Software Subscriptions 48,000 150,000 162,000 170,000 190,000 720,000 18120013- 62300 ARPA - IT - Contract Services Professional 300,000 525,795 281,650 1,107,445 Total $2,907,445 EXHIBIT(S) 1. Agreement with Accela 2. Agreement with IK Consulting, LLC for Implementation Services 3. Draft PO to Carahsoft Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Alvaro Nuñez, City Manager City Council 13 – 4 10/1/2024 City Council 13 – 5 10/1/2024 City Council 13 – 6 10/1/2024 City Council 13 – 7 10/1/2024 City Council 13 – 8 10/1/2024 City Council 13 – 9 10/1/2024 City Council 13 – 10 10/1/2024 City Council 13 – 11 10/1/2024 City Council 13 – 12 10/1/2024 City Council 13 – 13 10/1/2024 City Council 13 – 14 10/1/2024 Page 1 of 10 CONSULTANT AGREEMENT WITH IK CONSULTING, LLC FOR ACCELA CIVIC APPLICATIONS IMPLEMENTATION SERVICES THIS AGREEMENT is made and entered into this 1st day of October, 2024 by and between IK Consulting, LLC, an Arizona 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”). Consultant and City are also collectively referred to herein as “Parties” or singularly as a “Party.” RECITALS A. On June 27, 2024, the City issued Request for Proposal (“RFP”) No. 24-087A seeking to retain a consultant having special skill and knowledge in the field of Accela civic applications implementation services on behalf of the City’s Information Technology Department. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services described in the Scope of Work that was included in RFP No. 24-087A. 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 in the “Scope of Services,” attached hereto and incorporated herein by reference as Exhibit A; as further described in “Consultant’s Proposal,” attached hereto and incorporated herein by reference as Exhibit B; and as further described in “Consultant’s Request for Clarification,” attached hereto and incorporated herein by reference as Exhibit C. 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 “Consultant’s Final Cost Estimate,” attached hereto and incorporated herein by reference as Exhibit D. The total amount authorized during the term of this Agreement, including any extension periods, shall not exceed $1,107,445.00. City Council 13 – 15 10/1/2024 Page 2 of 10 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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on October 1, 2024 and terminate on December 31, 2026, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical City Council 13 – 16 10/1/2024 Page 3 of 10 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 subcontractors prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: x 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. x Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. x Workers’ Compensation insurance as required bythe 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. x Technology Professional Liability Errors & Omissions. Insurance appropriate to the Consultant’s profession and work hereunder, with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. City Council 13 – 17 10/1/2024 Page 4 of 10 x The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Consultant. x If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Please note, if there is an insured vs. insured exclusion on the Consultant’s policy, carefully review with the Consultant and their insurance carrier on whether being added as an additional insured onto the Consultant’s policy removes your organization’s ability to file suit against the Consultant and draw upon the policy should final adjudication in a lawsuit state that the Consultant shall pay damages to your organization. Primary Coverage. For any claims related to this contract, the Consultant’s insurance coverage shall be primary. Coverage for commercial liability shall be at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. 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 of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. City Council 13 – 18 10/1/2024 Page 5 of 10 Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City. Claims Made Policies. If any of the required policies provide coverage on a claims-made basis: x The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. x Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. x If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 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 Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the City Council 13 – 19 10/1/2024 Page 6 of 10 defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. City Council 13 – 20 10/1/2024 Page 7 of 10 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6956 Executive Director Information Technology Dept. City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: IK Consulting, LLC Attn: Melissa Kern P.O. Box 17661 Tucson, Arizona 85731 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and City Council 13 – 21 10/1/2024 Page 8 of 10 Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital City Council 13 – 22 10/1/2024 Page 9 of 10 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. 19. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the 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. 21.FUNDING-RELATED PROVISIONS Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act, available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf; c. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf; d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; City Council 13 – 23 10/1/2024 3)[3-`g[knW[WS-hC[g`n!W0-JnB`0-In'30Wh3[ln gS1ni-[1n*3P`n-S1nWS2BbBWS` -S1n 7323[-In0WSb[-0bn Y[WhB`BWS`n-bb-0@32n@3[3bWn-`n -S2nBS0W[YW[-b31n @3[3CS /kn[3;[3S03n (g/0WSb[-0b`nB7n-Sln`@-IJn0WSb-BSn-nY[WhC`BWSnP-HBS>nb@3Pn `g/F30bnbWn-JJnW8nb@3nY[WhB`BWS`n `bBYgJ-b31nBSnb@C`n>[33P3Sbn ,Bb@n[3`Y30bnbWn-Skn0WS9OB0bn/3bi33Sn`g0@n;13[-In[3ZgB[3Q3Sb`n-S1n b@3nb3[R`nW7n b@C`n >[33P3Sbn-S1 W[n b@3n Y[WhC`CWS`nW7n `b-b3n I-in -S2n 3j03Ybn-`n Wb@3[iC`3n [3ZgB[31n gS13[n 9613[-JnJ-inW[n[3>gI-bCWSn b@3nPW[3n`b[BS>3Sbn[3ZgB[3P3Sbn`@-JLn0WSb[WIn --0@ngS23[`C>S32n[3Y[3`3Sb`n-S2ni-[[-Sb`nb@-bnBb`n`C>S-fg[3n@3[3BSn/3MWin@-`nb@3 YWi3[n-gbAW[Bbkn-S1n[C>@bnbWn/BS1n b@3B[n [3`Y30bBh3nY-B3`nbWn3-0@nW7nb@3nb3[Q`nW7 b@C`n >[33P3Sbn-S1n`@-JIn CS13PSB7kn Cbkn=JIkn BS0Jg1BS>n[3-`WS-/J3n0W`b`n-S1 -bbW_3k`n;3`n<[n-SknBSGg[C3`nW[n1-Q->3`nbWnBbknBSnb@3n3h3Sbnb@-bn`g0@n-gb@W[Cbk W[nYWi3[nC`nSWbnBSn:0bn@3J1n/knb@3n`C>S-bW[knW[nC`niCb@1[-iS /JJn 3j@C/Cb`n[3;[3S031n@3[3BSn-S1n-bb-0@31n@3[3bWn`@-JIn/3nBS0W[YW[-b32n-`nC8n=IIk `3bn<c@nCSnb@3n/W1knW8nb@B`n>[33P3Sb 3SSB;[n!n-JIn BbknJ3[Hn (%$n'n'+!%n ``B`b-SbnCbknbbW_3kn -5n j3n bBh3nC[30bW[n NS9XUV-bBWSn)30@SWJW>kn3Y-^eQ3Sbn Jh-[Wn$gS3mn Cbkn"-S->3[n !=<=R-DDWZP><J:7Z1WZ&8D=PQ-ZZ#8MIZ ('Z2HX&9EBPP-ZZ#8NHZ)"#Z KIPUDT?H<Z$% ZKVY&-H.<@H<Z*/NRJ;NZ :F0@DFAPPW C:NHAC3L-OSH4NP 5KGZ 6,+Z !-R:Z ZZZ ln #4KDaa.n n 4]Tn )BbI3n #.T.?E T?n &.\dT 4\ City Council 13 – 24 10/1/2024 EXHIBIT A SCOPE OF SERVICES City Council 13 – 25 10/1/2024 City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page | 11 4 Scope of Services 4.1 LMS Required Record Types and Flows The City has conducted an analysis of the existing LMS business processes and has determined the new process flows and record types that are desired to be implemented in the Accela application. Table 5, Required Functionality, lists the desired process flows and the associated record types that use those flows. Table 5 – Required Functionality Flows Record Type Planning Flows Planning Record Types Conceptual Review Inclusionary Housing Plan Conceptual Review Environmental Review PBA Environmental Review Development Project Development Project DP Plus Discretionary Amendment Application Annexation Appeal Conditional Use Permit Development Agreement General Plan Amendment Minor Exception Ordinance Amendment Off Premise Billboard Subdivision Map Regional Planned Sign Program Site Plan Review Special Use Permit Variance Zoning Ordinance Amendment DP plus not Discretionary Off Premise Billboard Subdivision Map Density Bonus Density Bonus Application Discretionary Public Hearing (ABC Licenses - Restaurant, ABC Licenses - Store, After Hours at Restaurants) Conditional Use Permit Minor Exception Ordinance Amendment Public Facilities Naming Street Naming Zoning Ordinance Amendment Residential Structural Relocation Discretionary No Public Hearing Parking Minor Exception City Council 13 – 26 10/1/2024 City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page | 12 Flows Record Type Ministerial Over the Counter - Planning only Home Occupation Permit Land Use Certificate Residential Fence Temporary Sign Permit Historic Residential Reroof Addition (Minor Commercial or Residential) Non-Residential Fence Demolition (Non-Residential) Demolition (Residential) Ministerial Over the Counter - Other department Certificate of Occupancy Entertainment Permit Land Use Certificate Ministerial - Minor Review - Planning only Address Change Adult Entertainment Business CSM Parking Waiver Determination of Legal Non-Conforming Status Neighborhood Review Reasonable Accommodation Sign Sign Program Temporary Trailer Permit Zone Interpretation Letter Zoning Verification Letter Landscape Plan Application ADU and JADU Application Structural Relocation (Non-Residential) Housing Crisis Act New Non-Residential Building (Under 2,500 sq. ft.) New Single-Family Residence Ministerial - Minor Review - Other department Certificate of Compliance Underground Utility Waiver Historic Discretionary excluding HEMA Historic Property Preservation Agreement Historic Property Application Historic - Discretionary HEMA standalone Historic Exterior Modification Application Historic - Discretionary DP+HEMA Historic Exterior Modification Application Inclusionary Housing Plan Inclusionary Housing Plan City Council 13 – 27 10/1/2024 City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page | 13 Flows Record Type Data Conversion ONLY - No Flow C3 Parking waiver Project Waiver Neighborhood project review Use Permit Redevelopment Area Street Closure Legal Nonconforming Status Tract Map Non-Residential Residential NO FLOW Fee Only Record Medicinal Marijuana Collective Medicinal Marijuana Collectives Commercial Cannabis Cannabis Phase 1/Registration Regulatory Safety Permit Cannabis Phase 2/Regulatory Safety Permit Lot Merger Standalone Lot Merger Enforcement Flows Enforcement Record Types Commercial & Residential Code Enforcement Commercial Code Enforcement Residential PREP PREP Enforcement Cannabis Cannabis Enforcement Animal Control Services Animal Control Services Building Flows Building Record Types No Plans Required & No Planning Approval Required Residential Remodel/Alteration (Combination) Residential Electrical Residential Mechanical Residential Plumbing Commercial Miscellaneous No Plans Required & Planning Approval Required Commercial Re-Roof Residential Re-Roof Residential Remodel/Alteration (Combination) Commercial Miscellaneous Plans Required & No Planning Approval Required Commercial Sign Residential Solar (Combination) City Council 13 – 28 10/1/2024 City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page | 14 Flows Record Type Plans Required & Planning Review Required Commercial Addition Commercial New Commercial Sign Commercial New Mixed Use Residential New (Combination) Residential ADU (Combination) Block Wall/Fence/Gates Residential Building Relocation Commercial Cell Sites/Antennas Commercial Building Relocation Building Record Types That Have a Concurrent Review with Building and Planning Commercial T.I./Alteration Commercial Demolition Commercial Pool and Spa Commercial Solar Commercial Electrical Commercial Mechanical Commercial Plumbing Residential Addition (Combination) Residential Remodel/Alteration (Combination) Residential Demolition Residential Pool and Spa (Combination) Residential Patio/Shed Residential Electrical Residential Mechanical Residential Plumbing Revision/Supplemental Deferred Submittal Shoring Commercial Miscellaneous One and Done Residential Re-Roof Express Residential Electrical Express Residential Plumbing Express Residential Mechanical Express Certificate of Occupancy Certificate of Occupancy Supplemental Revision Revision/Supplemental Deferred Submittal Inspections All building permits Special Inspection Special Inspection Grading Permit Grading Permit City Council 13 – 29 10/1/2024 City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page | 15 Flows Record Type Public Works Flows Public Works Record Types PWA Map Check with No Permit Issuance, with Deposits & Refunds Map Check - Survey Monument PWA Map Check with No Permit Issuance Map Check - Dedication Map Check - CC&R Map Check - Easement Quitclaim Map Check - Certificate of Compliance Map Check - Certificate of Correction PWA Plan Check (to Encroachment Permit) Streets Plan Check Utilities Plan Check Application Encroachment Permit (w/ CIP Inspection, Deposit/Refunds, Bonds, and CAO Acknowledgments) Streets Permit Utilities Permit Application Wireless Facility Permit Application Wireless Facility Permit Application Wireless Facility Plan Check Application Wireless Facility Plan Check Application Wireless Facility License Application Wireless Facility License Application Outdoor Dining Outdoor Dining Environmental Environmental CIP Permit Application CIP Permit Application Utilities Blanket Permit Utilities Blanket Permit PROW Vacation PROW Vacation Water Service and Meter New Water Service & Meter Application Meter Evaluation Request Meter Evaluation Request Fire Hydrant Fire Hydrant Meter Permit Entitlement Plan Check Entitlement Plan Check FOG FOG Permit Inspection Flow Utility Permit Application Streets Permit (multiple types if inspections) Utilities Blanket Permit Wireless Facility Permit Application Wireless License Application New Water Service and Meter Application Map Check - Certificate of Compliance Map Check - Survey Monument Map Check - Certificate of Corrections CIP Permit Application Grading Permit City Council 13 – 30 10/1/2024 City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page | 16 Flows Record Type PWA Support of Identified Existing Record Types *not a new flow Map Check - Subdivision Parcel or Tract Map Map Check - Lot Line Adjustment Map Check - Lot Merger PWA Impact Fees for Building Permits Grading Permit No flow created yet Transportation Permit Public Works Flows (Potential Later phase) Public Works Record Types (Potential Later Phase) Construction and Demolition (Later Phase) Construction and Demolition Recycling (Later Phase) Parking Permit (Later Phase) Parking Permit (Later Phase) RV Parking Permit (Later Phase) RV Permit (Later Phase) PWA Sanitation Citation (Later Phase) PWA Sanitation Citation (Later Phase) PWA Sanitation Case (Later Phase) City Property Maintenance (Later Phase) City Property Maintenance (Later Phase) 4.2 Additional System Functionality The City is interested in adopting modern, automated tools that support LMS best practices. Key functionality in these areas would include, but not be limited to: robust public portal, dashboards, mobility, workflow, robust inquiry and reporting capabilities, etc. Specific functional requirements have been provided in Appendix A – Requirements. 4.3 Required Interfaces Table 6, Required Interfaces, identifies several systems in use across the City for which interfaces with the Accela system will be required. Vendor proposals should identify each of these required interfaces and include the necessary work effort related to and cost of these interfaces. Table 6 – Required Interfaces Department / Division 3rd Party Solution Business Function Planning & Building Avolve ProjectDox Plan review Information Technology ESRI GIS GIS Layers, including addresses Financial and Management Services Infor Financials Accounting transactions Financial and Management Services Systems & Software iNovah Cashiering Financial and Management Services Business Tax System Contractor Business Licensing Information Technology Laserfiche Document Management Planning & Building; Public Works CA Contractor State License Board Validate Contractor License City Council 13 – 31 10/1/2024 City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page | 17 Department / Division 3rd Party Solution Business Function Planning & Building; Public Works Selectron IVR (Optional) Schedule inspections Code Enforcement Selectron IVR (Optional) PREP accounts and payments 4.4 Data Conversion The City desires to retain, convert and load its current and historical data (including records, libraries, supporting documents, and related file attachment meta-data) to the Future System. Table 7, Data Conversion Requirements, provides a list of data by functional areas and a description; estimated counts of records are included in Appendix A – LMS Requirements spreadsheet, tab “13- Data Conversion”. Table 7 – Data Conversion Requirements Current Repository Description MCT (Miscellaneous Cash Transactions) Invoice used for Application or Permit payments at Cashier or via Online Payment Services Violations Granular code complaint types associated to a Parent Code Case, that are tracked and determined individually Permits (PBA and PWA) includes all statuses PBA Permit Types include Building (1 series), Electrical (2), Plumbing (3), Mechanical (4), Grading (5) and Solar (6). PWA Permit Types include Plan Check (P), Street Work (S), Utility (U), Legal (L), Outdoor Dining (D), and Traffic Study (T). Plans In order for a construction permit to be issued and the work to be properly inspected, plans must be prepared and submitted to the city for review and approval. Plan check involves review of the submitted plans by various city departments to meet its respective code requirements. Once the plans have been approved by all applicable city departments, the Building Safety Division will be authorized to issue the permit. Contacts Identified Individuals or Companies connected to an Application, Permit, Code Case, or Occupancy Inspections (includes all statuses) Unique codes associated to a PBA or PWA Permit Type. Inspections are required at various times during the course of construction, depending on the scope of work. Attachments Final or Approved documents associated to a given Property address Addresses/Properties (includes inactive and units) Each individual City of Santa Ana property address defined by Street Number and Name, Direction (optional), Type (optional), Unit (optional) Building (optional) Utilities Addresses identified by a ¾ in the Address Partial field, along with an identified Utility Type including Cable Box, Meter Box, Wireless, Power Pole, etc) City Council 13 – 32 10/1/2024 City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page | 18 Current Repository Description Primary Properties Parent Property address that contains all geographic attributes identified by the Planning staff Unit Properties Child address associated to a Primary address that identifies the unique Property Use, but inherits all other geographic information from the associated Parent. Users City personnel needing access to a repository system to read/research/validate information, or enter/track/process work attached to department workload. 4.5 Implementation Timeline The City seeks guidance from the Proposers based on their experience for the recommended module phasing and timing. Proposers should clearly communicate all key assumptions along with their proposed schedule. The City is open to suggestions on how best to implement the Proposer’s solution. The Proposer’s recommended implementation timeline should be clearly articulated in their proposal response as described in Section 6 – Implementation Approach and Work Plan under the Proposal Submission Requirements discussed in Section 5 of this document. 4.6 Requirements Proposers must respond to the LMS Requirements included in Appendix A – LMS Requirements, tab 1 – Functional Requirements.; responses should be entered into the document. Proposers are to respond to each of these requirements following the instructions on the spreadsheet. 4.7 Implement Proactive Rental Enforcement Program (PREP) Billing (Optional) Proposers must respond with the ability to address and implement the requirements specified in Appendix D – PREP Billing utilizing the Accela system. City Council 13 – 33 10/1/2024 EXHIBIT B CONSULTANT’S PROPOSAL City Council 13 – 34 10/1/2024 W͘K͘ŽǆϭϳϲϲϭdƵĐƐŽŶ͕ϴϱϳϯϭ WŚŽŶĞ͗;ϱϮϬͿϴϵϭͲϱϯϳϲŽƌ;ϱϮϬͿϴϵϭͲϱϯϭϵ &Ăǆ͗;ϱϮϬͿϳϯϯͲϲϮϴϮĂĚŵŝŶΛŝŬĐƉĂƌƚŶĞƌƐ͘ĐŽŵ July 11, 2024 Jack Ciulla, Chief Technology Innovations Officer City of Santa Ana – Information Technology 20 Civic Center Plaza Santa Ana, CA 92701 Enclosed is our response to the Accela Civic Application Implementation Services, Request for Proposal No. 24-087A for the City of Santa Ana. IK Consulting, LLC is a Gold Certified Professional Services Partner with Accela, Inc., established in Tucson, Arizona in May 2002 by Connie Ingram and Missy Kern. With over 25 years of experience each working in Land Management departments in Arizona, our founders have supported various jurisdictions with Accela software since 1994. From Permits Plus to Accela Automation to the current Civic Platform software, IK Consulting's founders have been configuring, implementing, migrating, and supporting Accela Software for nearly 30 years. We have successfully executed numerous data conversions from Accela’s Legacy Permits Plus software, as well as from other software programs and spreadsheet tracking systems. IK Consulting is a Limited Liability company and is certified as a Woman-Owned Small Business with the U.S. Small Business Administration. Our primary expertise lies in Accela software including Civic Platform, Accela Citizen Access, Accela Mobile and Accela GIS. Primary contact for this RFP process: Proposed Project Manager this project: Melissa Kern Connie Ingram PO Box 17661 PO Box 17661 Tucson, AZ 85731 Tucson, AZ 85731 missy.kern@ikcpartners.com connie.ingram@ikcpartners.com (520) 891-5376 (520) 891-5319 This response is being presented by IK Consulting, LLC, with Gray Quarter, Inc. as subcontractor. Gray Quarter is also a Certified Professional Services Partner with Accela, Inc. Their company is owned by managing partners John Schomp, Dane Quatacker and Larry Cooper. While IK Consulting, LLC will be actively managing all aspects of this project, Gray Quarter, Inc will be handling many of the interfaces and the data conversion from the City’s existing Santa Ana Property Information Network system (SAPIN). The City Council 13 – 35 10/1/2024 combined expertise of IK Consulting and Gray Quarter in Land Development and Technical Implementation brings you unmatched value for your project. We have reviewed Santa Ana’s sample Consultant Agreement (Appendix B) and accept with the following exceptions related to the Insurance requirements. IK Consulting does not currently carry the Cyber Liability portion of the insurance specified. Given that we will not need access to Santa Ana’s network, nor will we store or control anything related to the Civic Platform database, we anticipate that our current insurance coverage will suffice for this project's requirements. IK Consulting does not own any automobiles, therefore we do not carry commercial auto; instead, we carry $1M in Hired/Non-Owned vehicle coverage, which we believe will still meet the requirements for Automobile Liability. IK Consulting has been with The Hartford from the beginning, and they are a highly rated company. They do not utilize the ISO forms; however, they have their own forms which are considered comparable to the ISO forms. Because they are comparable, this has not been an issue in the past. If the City necessitates a new certificate with additional requirements for this project, we are open to negotiating this if selected as the successful bidder for this contract. IK Consulting does not now, nor have we ever had, any pending litigation against us, nor any bankruptcy or insolvency proceedings. IK Consulting, and all individuals who would perform work under this contract are free of any and all possible conflicts of interest. The attached proposal will remain valid for 180 days. Thank you for considering our response. Sincerely, Melissa Kern Managing Partner IK Consulting, LLC City Council 13 – 36 10/1/2024 ACCELA CIVIC APPLICATIONS IMPLEMENTATION SERVICES CITY OF SANTA ANA, CA REQUEST FOR PROPOSALS NO. 24-087A July 17, 2024 City Council 13 – 37 10/1/2024 i Table of Contents Section 1 – Executive Summary ............................................................................................ 1 Section 2 – Company Background ........................................................................................ 2 IK Consulting, LLC ......................................................................................................... 2 Gray Quarter, Inc............................................................................................................. 2 The IKC and Gray Quarter Teams .................................................................................... 3 Section 3 – Company Qualifications ...................................................................................... 3 Section 4 – References ......................................................................................................... 6 Section 5 – Implementation Approach and Work Plan ............................................................ 10 a) Project Organization Chart ...................................................................................... 10 b) Project Management Methodology/Approach ............................................................ 12 Project Management................................................................................................. 12 Change Management ................................................................................................ 13 Risk Management ..................................................................................................... 13 Issues Management .................................................................................................. 14 Communications Management .................................................................................. 14 c) Recommended Work Plan ......................................................................................... 16 d) Deliverables and Documentation ............................................................................... 17 e) Roles and Responsibilities of City Staff ...................................................................... 19 f) Data Conversion and Migration Approach ................................................................ 20 g) Data Cleansing and Mapping .................................................................................... 20 h) Training Plan ........................................................................................................... 20 i) Testing Approach ...................................................................................................... 22 Section 6 – Ongoing Maintenance and Support (Optional) ...................................................... 23 a) Ongoing Managed Support Services .......................................................................... 23 b) Upgrades, Patches and Other Maintenance ............................................................... 23 c) Change Management (Post Go-live) .......................................................................... 24 Section 7 – Pricing (Price Sheet Made Available as a Separate Document) ................................. 24 Section 8 – Proactive Rental Enforcement Program (PREP) Billing (Optional) ........................... 24 Section 9 – Sample Documents ............................................................................................ 24 RFP Appendix A – Requirements ......................................................................................... 24 RFP Appendix C – Price Sheet ............................................................................................ 25 City Council 13 – 38 10/1/2024 Page | ii RFP Appendix D – PREP Billing (Optional) .......................................................................... 25 Appendix A – 23-087A Required Attachments ..................................................................... 26 Attachment A - Proposer’s CertiƱcation and Proposal Item Pricing ................................... 27 Attachment B – References ............................................................................................. 28 Attachment C – Proposer’s Statement ............................................................................. 30 Attachment D – Non-Collusion AƯidavit .......................................................................... 31 Attachment E – Non-Lobbying CertiƱcation ..................................................................... 32 Attachment F – Non-Discrimination CertiƱcation ............................................................. 33 Attachment G – Sam.gov UEI VeriƱcation ......................................................................... 35 Attachment H – CertiƱcate Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion ....................................................................................................................... 36 Appendix B – Sample Contract Acknowledgement .............................................................. 38 Appendix C – Price Sheet .................................................................................................. 41 Appendix D – PREP Billing (optional) .................................................................................. 42 Appendix E – Key Personnel Resumes ................................................................................ 44 Constance Ingram .......................................................................................................... 45 Melissa Kern ................................................................................................................... 47 Reina Schmid ................................................................................................................. 50 Sherrie Dishroon ............................................................................................................ 53 Exhibit 1 – Change Order Example Document ..................................................................... 55 Exhibit 2 – Design Document Example ............................................................................... 57 Exhibit 3 – Test Script Examples ......................................................................................... 69 City Council 13 – 39 10/1/2024 Page | 1 ACCELA CIVIC APPLICATIONS IMPLEMENTATION SERVICES REQUEST FOR PROPOSALS NO. 24-087A CITY OF SANTA ANA, CA Section 1 – Executive Summary IK Consulting, LLC (IKC) is a software services company and an Accela Gold Professional Service Partner, specializing in the implementation, development, training and on-going support of Software and many 3rd party integrated services since 2002. This implementation proposal is a combination of efforts between IKC and Gray Quarter, Inc. (Gray Quarter) via subcontract between our two companies; with IKC acting as prime and Gray Quarter as subcontractor. With this blend of expertise and experience, we are confident that the City of Santa Ana will achieve the most successful implementation possible. IKC’s founders both worked for over 20 years for Planning and Land Development departments within Arizona agencies. Our strength lies in the combination of our meticulous approach to understanding client needs, our wealth of hands-on industry experience and our unwavering commitment to customer success. The IKC and Gray Quarter teams of seasoned professionals bring a diverse array of skills and expertise; ensuring a comprehensive perspective that drives results. What truly sets IKC and Gray Quarter apart is our dedication to customer success. We view our clients as partners on a shared journey, and your success is our ultimate goal. Our collaborative approach means we don’t just deliver effective solutions, we forge lasting relationships that extend beyond the project’s scope. We’re committed to being accessible, responsive, and adaptable ensuring that your evolving needs are met with agility and precision. City Council 13 – 40 10/1/2024 Page | 2 Section 2 – Company Background IK Consulting, LLC IK Consulting, LLC (IKC) is a software implementation company who offers affordable professional system design, development, training, and implementation for Accela's Civic Platform software, including Land Management, Licensing and Case Management, and Asset Management. With over 30 years of Land Development software implementation experience, our services include project management, business process analysis, development, migration, reporting, training and administration of the Civic Platform software, Mobile solutions, Citizen portal, Electronic Document Review and Interactive Voice Response (IVR) systems. Our consulting professionals have extensive training and experience in the areas of information technology, process management, system migration, system design, training, reports and implementation. IKC was formed in Arizona in 2002 by Connie Ingram and Missy Kern who both worked within Arizona jurisdictions within Land Management departments for over 20 years each. Our extensive understanding of the unique needs and requirement of government allows a unique and highly effective approach to project management, business systems analysis, training and software solution implementation for our customers. Connie and Missy are both fully engaged in hands-on development, configuration and project management in all IKC projects; with one being designated to each implementation project to provide high level focus on the specific needs of that project. We are committed to customer success and working as a team with our customers to ensure the most effective solutions for all their needs and knowledge transfer to allow management by the customer post go-live. Over 50% of our staff also come from working in the building industry for several years, which helps our staff truly understand how your organization functions. As a company, we have been implementing solutions using Accela products since we opened our doors in 2002. We have migrated many customers from Accela's legacy Permits Plus product to their current Civic Platform (pka Accela Automation). Additionally, we have worked with non-Accela legacy clients, to implement the Accela Civic Platform software both on-premise and in the SaaS environment. Over the years, we have implemented multiple departments including (but not limited to): Building, Agriculture, City Clerk, Enforcement, Engineering, Fire, Fleet Services, Landscape, Licensing, Long Range Planning, Operations, Planning, Process Engineering, Public Works Facilities, Recreation and Parks, Urban Runoff and Utilities. IKC’s offices are located in Tucson Arizona. Gray Quarter, Inc Gray Quarter, Inc. (Gray Quarter) is a California-based Corporation that is owned by managing partners John Schomp, Dane Quatacker, and Larry Cooper. Each of these partners served in leadership roles at Accela for over a decade; working closely with executives, product management, engineering, customer support, sales, and cloud operations. Gray Quarter empowers government agencies to provide transparent and efficient services to their citizens through innovative solutions and collaborative partnerships. Their mission is to help municipalities get the maximum value from their substantial investment in their Permitting and Licensing Software, including Accela and Oracle with whom they have long-standing partnerships. City Council 13 – 41 10/1/2024 Page | 3 They specialize in the technical aspects of software implementations with the proven experience required in the most challenging projects. Armed with in-depth enterprise platform knowledge as well as familiarization with the latest emerging technologies, they bring the tools necessary to complete tasks with efficiency and precision. Gray Quarter resources have worked with and designed in a variety of architectures in previous projects and their team is able to successfully complete all phases of a Permitting and Licensing Implementation: analysis, development, configuration, testing, maintenance, training, and administration. The IKC and Gray Quarter Teams IKC and Gray Quarter founders have successfully worked together on multiple projects including (but not limited to): Chino, CA Huntington Beach, CA Prescott Valley, AZ Santa Rosa, CA Washington County, MD Washington County, OR West Sacramento, CA Collectively, we have worked with more than 200 jurisdictions. Section 3 – Company Qualifications IKC’s founders began their journey with Land Management System (LMS) software over 30 years ago while working for Pima County (an Arizona jurisdiction), as end users in the Planning and Development Services department. As previous LMS users we understand the ins and outs of business processes related to Land Management/Land Development from a functional perspective, not just a software prospective. The knowledge was then extended further, to the software side, as Accela’s software became the first migration we participated in back in 1994 and we have been working with Accela software ever since. This hands-on experience allows us a unique understanding of the needs and requirements of government agencies and our 30 years of working with LMS systems allows us in-depth knowledge of the needs, uses and best practices for Land Management/Land Development needs. Over the past 22 years, IKC staff has worked with numerous City, County and State jurisdictions across the United States providing services from support to system enhancement to full system implementation and data conversion for Accela software. We currently offer support to their Legacy Permits Plus software, but more predominately we provide services for jurisdictions using the current Accela Civic Platform software – versions up to, and including, the most current version 24.1. Implementation services that we have been successfully providing for full implementations similar to this Request for Proposal include: x Project Management x Business Process Analysis x System Configuration x System Scripting x Data Conversions x Report Development (SSRS and Crystal Reports) x Electronic Document Review Configuration City Council 13 – 42 10/1/2024 Page | 4 x Accela GIS Integration x 3rd Party Integration Assistance x Accela App Configuration x Accela Citizen Access Configuration x Accela Mobile Office Configuration x End User and Administrator Training Our full system implementation experience includes (but is not limited to) development for the following Land Development, Licensing and Asset Management modules: x AMS x Agriculture x Building x Business Licensing x City Clerk x Enforcement x Engineering x Fire x Fleet Services x Landscape Architecture x Long Range Planning x Operations x Planning x Process Engineering x Public Works Facilities x Recreation and Parks x Service Requests x Urban Runoff x Utilities IKC has an active client base with scope ranging from an annual fee increase and minimal assistance, to monthly support and enhancements. Some of these agencies currently use an On-Premise version of Accela’s Civic Platform, but the vast majority utilize the cloud version, currently at version 24.1. Below is an alphabetic list of some of the active California jurisdictions using Accela’s Civic Platform. Jurisdiction Partner On-Premise / Cloud Modules Implemented Services Include Anaheim Orange County Gray Quarter Actively moving from On-Premise to Cloud ver 21.1 Building License Code Fire Planning PublicWorks Post implementation enhancement and daily support, as needed. Chino San Bernardino County IKC with Gray Quarter as Sub On-Premise ver 22.2.2 AMS (Assets) Building Enforcement Planning PublicWorks ServiceRequests Full implementation and continued support, as needed Downey Los Angeles County IKC Cloud ver 24.1 Building Business Enforcement System enhancement and continued support, as needed City Council 13 – 43 10/1/2024 Page | 5 Fire Housing Planning PublicWorks Hermosa Beach Los Angeles County IKC Cloud ver 24.1 Building Enforcement Planning PublicWorks Full implementation and continued support, as needed Huntington Beach Orange County IKC with Gray Quarter as Sub On-Premise ver 24.1 upgrade in process Building License Enforcement Engineering EnvHealth Fire Planning UrbanRunoff Full implementation and continued support Jurupa Valley Riverside County IKC with Gray Quarter as Sub Cloud ver 24.1 Building Engineering Licensing Planning Full implementation and continued support Menifee Riverside County IKC Cloud ver 24.1 Engineering Fire Permits Planning System enhancement, Accela Help Desk management and continued support Monterey Park Los Angeles County IKC Cloud ver 24.1 Building Engineering Fire Planning Full implementation and continued support, as needed San Dimas Los Angeles County IKC Cloud ver 24.1 Administration Building Enforcement Licenses Planning PWEngineering Full implementation and continued support, as needed Santa Rosa Sonoma County IKC with Gray Quarter as Sub On-Premise ver 19.2 Building Enforcement Engineering Fire Planning RecAndParks Utilities Full implementation and continued support, as needed Sonoma County IKC/ Gray Quarter On-Premise ver 23.1 AgComm Building CustomerService Enforcement Engineering Fire Planning PublicComment WellAndSeptic Full implementation and continued support, as needed West Sacramento Yolo County IKC with Gray Quarter as Sub On-Premise Ver 22.2 AMS (Assets) Building Licenses Code Engineering Fire System enhancement, Accela Help Desk management and continued support City Council 13 – 44 10/1/2024 Page | 6 Planning ServiceRequests Whittier Los Angeles County IKC Cloud ver 24.1 AMS (Assets) Building Enforcement Engineering Planning ServiceRequests Full implementation and continued support, as needed IKC is a Gold Certified Services Partner with Accela, and staff hold the following certifications: x Accela Certified Partner - Accela Citizen Access x Accela Certified Partner - Records and Mobile Configuration x Accela Certified Partner - GIS x Accela Certified Partner - User Experience Configuration x Accela EMSE Scripting Level 1 x Accela EMSE Scripting Level 2 x Accela EMSE Scripting Level 3 x Accela GIS Administration x Accela Configuration Manager x Accela Insights x Accela Civic Platform Form Designer x Accela Asset Management Professional Section 4 – References The below references are listed with their full/original implementation services identified. All jurisdictions are also current customers whom what have had continued enhancement and support contracts with since their original implementation; some were also customers prior to their Civic Platform implementation. Reference 1 Sonoma County, CA Contact Name, Title Address Phone Email Thomas Cirimele, DIS Manager 2550 Ventura Ave, Santa Rosa, CA 95403 (707) 565-8354 Thomas.Cirimele@sonoma-county.org Project Description Full Civic Platform System Implementation and ongoing support. Current software version 23.1. Modules Implemented AgComm Building CustomerService Enforcement Engineering Fire Planning PublicComment WellAndSeptic Number of Users 450+ Services Provided Project Management Business Process Analysis System Configuration System Scripting City Council 13 – 45 10/1/2024 Page | 7 Data Conversion Report Development Selectron Interface Assistance Citizen Access Configuration Training Interfaces CSLB Laserfiche Selectron PayPal ePermitHub – Digital Plan Room – Post Go Live Implementation Timeline 2014 – 2016 Go Live Date June 2016 Reference 2 Santa Rosa, CA Contact Name, Title Address Phone Email Brian Tickner, Chief Information Officer 100 Santa Rosa Ave, Santa Rosa, CA 95403 (707) 543-4370 btickner@srcity.org Project Description Full Civic Platform System Implementation and ongoing support. Current software version 19.2 Modules Implemented Building Enforcement Engineering Fire Planning RecAndParks Utilities Number of Users 150 Services Provided Project Management Business Process Analysis System Configuration System Scripting Data Conversion Report Development Selectron Interface Assistance Citizen Access Configuration Training. Interfaces CSLB Laserfiche Selectron – Initial Go Live PayPal ePermitHub – Digital Plan Room – Post Go Live Implementation Timeline 2013 – 2015 Go Live Date July 2015 Reference 3 Huntington Beach, CA Contact Name, Title Address Richard Chenette, City Contract Project Manager 2000 Main St, Huntington Beach, CA 92648 City Council 13 – 46 10/1/2024 Page | 8 Phone Email (949) 275-2938 richard@golivetechnology.com Project Description Full Civic Platform System Implementation and ongoing support. Actively moving to the Cloud environment version 24.1 Modules Implemented Building Licenses Enforcement Engineering EnvHealth Fire Planning UrbanRunoff Number of Users 195 Land, 40 Business Licenses Services Provided Project Management Business Process Analysis System Configuration System Scripting Report Development Citizen Access Configuration Training Interfaces CSLB RPS Bill Collection Forte JD Ewards Laserfiche CERS Implementation Timeline 2016 - 2021 Go Live Date March 2021 Reference 4 Jurupa Valley, CA Contact Name, Title Address Phone Email Jennifer Trujillo, IT Business Analyst 8930 Limonite Ave, Jurupa Valley, CA 92509 (951) 332-6464 jtrujillo@jurupavalley.org Project Description Full Civic Platform System Implementation and ongoing support. Current software version 23.1. Modules Implemented Building Engineering Licensing Planning Number of Users 46 Services Provided Project Management Business Process Analysis System Configuration System Scripting Data Conversion Report Development City Council 13 – 47 10/1/2024 Page | 9 Electronic Document Review Configuration GIS Integration Citizen Access Configuration Training Interfaces PayPal GreenHalo – Post Go Live Implementation Timeline 2018 – 2019 Go Live Date August 2019 Reference 5 Chino, CA Contact Name, Title Address Phone Email Chase Jones, IT Analyst 13220 Central Ave (909) 334-3393 cjones@cityofchino.org Project Description Full Civic Platform System Implementation and ongoing support. Current software version 22.2.2 Modules Implemented AMS (Asset Management) Building Enforcement Planning PublicWorks ServiceRequests Number of Users 70 Land, 30 Assets Services Provided Project Management Business Process Analysis System Configuration System Scripting Data Conversion Report Development GIS Integration Citizen Access Configuration Training Interfaces CSLB PayPal Laserfiche Munis Implementation Timeline 2015 - 2017 Go Live Date January 2017 City Council 13 – 48 10/1/2024 Page | 10 Section 5 – Implementation Approach and Work Plan a) Project Organization Chart IKC is comprised of two executive managing partners, who function as main project oversight and/or project management, depending on the project complexity. There are nine additional staff dedicated to Accela projects, which comprise the support structure, handing of daily business process analysis, configuration, reports and training for various projects, as assigned. There are two additional staff which perform daily administrative and support duties for the office. Key lead staff, identified for the Santa Ana project, are identified below along with some resume highlights important for this project. Full resumes can be found in Appendix E. Connie Ingram, Managing Partner – Project Manager Connie Ingram brings a wealth of experience from her extensive background working in and with various city, county and state departments. She has held key supervisory roles in software development, business systems analysis, process mapping, and management. As a Certified Trainer and Accela Certified Partner, Connie holds a B.S. in Business Administration, a certification in public policy and management from the University of Arizona's Eller College, and certification in Process Mapping. Her deep expertise in these areas ensures her clients benefit from optimal process implementation and highly competent administrators and end-users. Throughout her Civic Platform career, Connie has been the Lead/Project Manager for six agencies, Lead Conversion Resource for fourteen agencies, and a Configuration and Scripting resource for thirteen agencies in their migration to Accela's Civic Platform. Connie has also worked with numerous other agencies to deliver enhancement services for existing Civic Platform customers. As a Co-Founder of IK Consulting, Connie has been deeply involved with Accela software since 1994. Her proficiency encompasses all aspects of system development including: x Business Process Analysis x Data Conversions x Electronic Document Review x Project Management x AdHoc Report Development x Accela GIS x Scripting x System Configuration x Training x Accela Apps x Accela Citizen Access x Accela Mobile Office City Council 13 – 49 10/1/2024 Page | 11 With 39 years of experience working in and with land development jurisdictions across the United States and 30 years of related information technology experience, Connie's extensive background and diverse skill set make her an invaluable asset to her clients, ensuring they achieve the highest standards of efficiency and effectiveness in their operations. Missy Kern, Managing Partner – Key Project Support With nearly thirty years of experience as an information systems professional and more than 40 years in the building industry, Missy Kern is highly qualified and accomplished. She is Microsoft SQL certified, a Certified Software Manager, and an Accela Certified Partner. Missy's management expertise, attention to detail, and exceptional organizational skills are complemented by her innovation, creativity, and resourcefulness in her client work. Missy teaches the Accela University Database Schema, SSRS Reporting and Crystal Reports classes on a quarterly basis for Accela, and has played a pivotal role in multiple migrations to Accela's Civic Platform, serving as Lead/Project Manager for 12 agencies, SSRS/Crystal Reports Writing Resource for 19 agencies, and as a Configuration/Scripting and Report Writing Resource for 15 agencies. Additionally, she has provided a wide range of enhancement services to existing Civic Platform implementations for numerous clients, showcasing her versatility and expertise in optimizing system performance and functionality. As a Co-Founder of IK Consulting, Missy has been deeply involved with Accela software since 1995. Her proficiency encompasses all aspects of system development including: x Business Process Analysis x Data Conversions x Electronic Document Review x Project Management x SSRS/Crystal Report Development x Selectron IVR x Accela GIS x Scripting x System Configuration x Training x Accela Apps x Accela Citizen Access x Accela Mobile Office Reina Schmid, Senior Implementation Specialist – Lead Configuration Consultant Reina Schmid is a seasoned business analyst recognized for her expertise in troubleshooting and problem- solving. With over 28 years of public sector experience, she has a strong focus on Work Management and Land Development. Over the past 26 years, Reina has excelled as an Information Technology professional, specializing in process analysis and playing a key role in the implementation of Land Development, Enterprise Resource Planning (ERP), Enterprise Asset Management (EAM), Work Management, and Timekeeping systems. Her commitment to delivering superior customer service and effective project management has fostered exceptional client relationships. Reina has been a key contributor for 12 full agency implementations to the Civic Platform. Her roles have included Configuration, Scripting, AdHoc Report writing and Training, all fundamental components of any Civic Platform implementation. Additionally, she has taken part in services for numerous other agencies, focusing on enhancement projects to optimize their existing Civic Platform systems. Reina has been an invaluable asset to the IKC Team since 2016. Her proficiency encompasses many aspects of system development including: x Business Process Analysis x Electronic Document Review x Project Management x Scripting x System Configuration x Training City Council 13 – 50 10/1/2024 Page | 12 x AdHoc Report Development x Accela Citizen Access x Accela Apps x Accela Mobile Office Sherrie Dishroon, Senior Reports Specialist – Lead Report Writer Sherrie Dishroon brings over 37 years of experience as an information systems professional and more than 44 years in the building industry. She is highly detail-oriented and possesses effective management and communication skills that contribute to overall project success. Sherrie excels in both team settings and independent work, demonstrating a versatile ability to collaborate effectively with others. Sherrie has been the lead Report Writing contributor for 19 full agency implementations to the Civic Platform, as well as numerous other agencies where the focus is on enhancement projects to optimize their existing Civic Platform systems. Sherrie has been an integral part of the IKC Team since 2010. While her technical expertise in Land Development Information Technologies is extensive, Sherrie's primary role at IKC is focused around Crystal Report Writing and SSRS Report Writing, areas in which she demonstrates exceptional skill and proficiency. b) Project Management Methodology/Approach Project Management – IKC's Project Manager will lead the project team to ensure all tasks are progressing according to schedule. The Project Manager is empowered to make decisions on behalf of IKC to best suit the needs of the implementation. The Project Manager will work closely with the remainder of the project team and the following activities: x Development and Management of a Project Plan x Project Document Management x Issue Log Management and Escalation x Status Reporting x Change Order Management x Resource Management x Executive Project Oversight and Quality Assurance The Project Manager will utilize Accela’s Civic Applications (Civic Apps) and the below methodology/ approach in the City of Santa Ana’s implementation: Initiate Core team members are finalized, project contracts and the details of the Statement Of Work are finalized, project scope and objectives are reviewed with the full project team, and the project plan is finalized. This step also includes the project kick-off and initial Core Team training. Analysis IKC works closely with the City of Santa Ana’s staff to reviews any existing agency documentation and the Civic Apps to determine any GAPs to be addressed. During this step IKC will hold both in-person and web-based workshops with key staff to actively update Civic Applications while also documenting more complex update needs related to data conversion, interfaces, reports, and event scripts. Configure/Update/Build During this step all item identified during the Analyze phase will be addressed. This includes items related to configuration, interfaces, reports, scripts and any other needs that address the Cities needs/requirements to facilitate the most successful implementation possible. City Council 13 – 51 10/1/2024 Page | 13 Test and Train The Test and Train step focuses on City staff. During this step staff will being end user training and testing of the system to ensure all needs have been addressed both from Management needs and end user day to day functionality needs. Staff will be encouraged to work to find issues, to break the system if they can so that any and all issues can be identified and addressed prior to Go Live. In order to assist staff in being able to thoroughly test, they will start with user training allowing them to be as proficient with the new software as they can before start of testing. Deploy During the Deploy step IKC, Gray Quarter and Accela will work together to move the Cities full configuration from the Testing/Development environment over to the Production environment to prepare for Go Live. IKC will provide a minimum of 2 staff to be onsite with Santa Ana the week of Go Live to be able to assist staff with questions and address any unforeseen issues that might come up as quickly as possible. This step continues off-site for 30 days after go live to ensure staff have the support they may need to get completely comfortable with the new system. Change Management – IKC’s approach to Change Management is to define the process that will be utilized to manage and account for changes to project scope, cost, and schedule. All project tasks must be approached with an understanding of the project scope and critically examined within the context of project scope, cost, and schedule management. The purpose of Project Change Management is not to eliminate change, but rather to define a process allowing the proposed changes to be properly identified, evaluated, and escalated as necessary. The Change Order Process is defined as anything that changes the Statement of Work, duration of the project or contract values. The Change Order Processes will follow the steps outlined below. A Change Order request must be submitted in writing for changes requested by either IKC or the Client that further clarifies impact or deviation from the approved Statement of Work. The IKC Project Manager will be responsible for managing all Change Order requests submitted for the project in accordance with the following process: x All requests must be submitted in writing to the IKC Project Manager either by e-mail or hard copy to be recognized as a formal request. Verbal requests or voice mails will not be considered formal change order requests. The Change Order request should be used to document in detail the change and provide justification for why it is needed. The initial submission must also document the estimated work effort and cost (if applicable) to assist in determining what it would take to implement the change if approved. Based on the impact analysis, a review for consistency across the agency, and the estimated work effort and cost, representatives from both IKC and the Client will jointly determine whether to proceed with the analysis. If the analysis results in the determination that the Change Order request is not necessary, then the Change Order request will be cancelled and no further action is required. If it is accepted, then the requester (or its assignees) will determine the impact of implementing the change for the project. The Client is responsible for completing any additional paperwork required as a result of this change (i.e. internal contract change documents). Standard hourly rates of $150 will apply. See Exhibit 1 for a sample Change Order document Risk Management – Risk management is a vital part of any project, especially when you are dealing with multiple departments, and staff that already have a full-time position. With every project, we need to City Council 13 – 52 10/1/2024 Page | 14 identify, analyze, prioritize, and mitigate potential risks that could affect the project timeline, such as staff availability, regulatory changes, scope changes, delays, vacations, Holidays, turn over, etc. When a risk is identified, the IKC and the Client project management team will determine the potential impact on the timeline, implementation probability, and potential costs. Where possible, we will involve team members, stakeholders and experts in the area. All risks will be documented and include any interrelationships and dependencies among the risks, as well as the assumptions and constraints that may affect them. The next step is to plan the appropriate responses for each risk, depending on its priority and nature. Response options include: x Avoid - Eliminating the risk or its source, or changing the project scope or plan to avoid exposure. x Transfer - Shifting the risk or its consequences to a third party, such as a temporary staffing agency, a subcontractor, or a partner. x Mitigate - Reducing the probability or impact of the risk, or both, by implementing preventive or corrective actions. x Accept - Acknowledging the risk and its potential effects, and being prepared to deal with them if they occur. The project management team will document the response plans, along with the roles and responsibilities, resources, and timelines for implementing them. Once the appropriate plan of action has been determined, the next step is to implement the response plans for the risks that have been identified and analyzed. The established procedures and guidelines should be followed, and communicated and coordinated with the team members, stakeholders, and other parties involved. Throughout the process, the project management team will monitor the effectiveness and efficiency of the actions, and make adjustments as needed. The last step is to monitor and control the risks throughout the process and after implementation, making sure to evaluate and document the impact of the risks on your project scope, schedule, budget, quality, and deliverables, and take corrective or preventive actions if necessary. Risk should be reported and communicated to the team members, stakeholders, and other parties involved. Issues Management – IKC's Project Manager will be responsible for Issue Log management and escalation for all Issues related to the project. Our approach to issues and their resolution is: x Identify issues and discuss with appropriate team members, stakeholders, and other parties involved to gather information x Prioritize the issue based on the information gathered, it's effect on the project, and determine the issue severity. x Establish a position on issue. x Develop a response on how the issue will be managed/handled and make necessary assignments and communicate to the appropriate team members, stakeholders and any other parties involved. x Monitor the issue / resolution of the issue. Communications Management – IKC’s Communication Management strategy comprises several components, all overseen by the IKC Project Manager: x Weekly Project meetings with all Core Team members. Upon project Kick-off, the IKC Project Manager will work with Santa Ana key staff to schedule a regular weekly meeting with Core Team members and any other key staff the Santa Ana staff deems City Council 13 – 53 10/1/2024 Page | 15 appropriate. The purpose of this meeting is to discuss current project steps, next steps and any project concerns as well as documenting achievements as the project moves forward. x Monthly Project Status Reports. This report document identifies all steps within the overall project plan, identification of the current status of each step, current risks and issues, resolved risks and issues, and current time lines. This document is made available to the Core Team, Project Stakeholders and any others as defined by Santa Ana staff. x Issue Escalation Guideline. Invariably, in any implementation of this type, issues will arise. The IKC Project Manager will keep track of issues as they arise, within the Monthly Status Report and will ensure each item is assigned to a team member who will be responsible for leading the efforts to resolve the issue. These issues will include items that fall within the Scope of the project as well as issues that fall outside of the current Scope If at any time the issues identified go beyond the team members and IKC Project Manager/Agency Project Manager’s ability to be resolved, the following issue Escalation Guideline is proposed. Agency Project Team Members and IKC Configuration Support Specialists are at the same level of the escalation scale and will attempt to address any issues they identify within this level. If an issue is not able to be resolved at this level, it should be referred to the next level of Agency Core Team Member and IKC Senior Implementation Specialist. Agency Core Team Members and IKC Senior Implementation Specialists are at the same level of the escalation scale and will attempt to address any issues they identify within this level. If an issue is not able to be resolved at this level, it should be referred to the next level of Agency Project Manager and IKC Project Manager. The Agency Project Manager and IKC’s Project Manager are at the same level of the escalation scale and will attempt to address any issues they identify within this level. If an issue is not able to be resolved at this level, it should be referred to the next level of Agency Project Sponsor and the IKC Leadership Team. The Agency Project Sponsor and the IKC Leadership Team are the final level of escalation. Issues will be referred to this level from previous levels and decisions made jointly at this level of escalation will be final and focused in the best interest of the agency without significant detrimental impact on IKC. ESCALATION SCALE: City Council 13 – 54 10/1/2024 Page | 16 c) Recommended Work Plan IKC has experience with multiple jurisdictions of similar size and implementation to Santa Ana. Based on that experience, and the information provided by the jurisdiction in this RFP we propose the following work plan comprised of a 17-to-18-month implementation time frame, with a 5-Step implementation approach. Step 1 – Initiate. This step is the kick-off of the project and layout and preparation of the Core Team who will lead this project. Step 2 – Analysis. This step incorporates all analysis requirements for the project including on-site Configuration Analysis and Analysis required for Interfaces, and Configuration. Documentation of any new development or configuration defined during these analysis sessions will be provided and approved by the city before any new development will be completed. Working configuration meeting done on-site will be focused on quick identification of GAPs between City needs and the existing Civic Apps and will often result in immediate resolution of many of those GAPs identified. Step 3 – Configure/Update/Build. This step will involve putting into place all of the items that were identified/defined in Step 2. Step 4 – Test and Train. This step involves the preparation of staff who will be responsible for full User Acceptance Testing (generally Core Team members, Subject Matter Experts and other key personnel identified by the city). End User training will be conducted onsite, and will prepare all testing staff for the ability to but the overall configuration thru a thorough and effective test for readiness for Go-Live. Step 5 – Go Live and Production Support. This step is the final implementation of the full Civic Platform configuration. IKC staff will be onsite for the first week of Go-Live and will continue to be available for support for up to 30 days after Go-Live. City Council 13 – 55 10/1/2024 Page | 17 d) Deliverables and Documentation Step 1 Deliverables x Kick-Off Meeting – this is an onsite meeting with City staff to prepare everyone for the process of implementation that is about to get underway and get everyone excited about their role in the process. During this onsite trip the IKC Project Manager also meets with Core Team members to work on finalizing an overall project plan and to train Core Team members on various facets of the overall system that will assist them in their efforts to define the city’s system requirements for the most effective implementation overall. x Project Plan – A Project Plan defining the above Project Time line in more detail, with starting and ending dates defined, will be finalized during this step of the implementation. Step 2 Deliverables x Analysis Meetings – analysis meetings are necessary for defining GAPs and needs in the areas of Configuration, Interfaces, Reports, and Conversion. Configuration meetings are generally held onsite due to the multiple department coordination necessary for many processes. Other analysis is generally effectively done via web meetings. x To-Be Configuration Documentation/GAP Documentation – Documentation will be provided for each Process, Report and Interface. This documentation will begin as ‘to-be’ or what is planned and approved for each item and will be used by IKC and Gray Quarter staff as a blue-print for the development. If modifications are found necessary to these documents during the process of development the documents will be updated and finalized, otherwise the original documents will be considered final. Step 3 Deliverables x Record Development – up to 175 Record Types, within 4 department modules o Building – up to 50 records o Enforcement – up to 5 records o Planning – up to 80 records o Public Works – up to 40 records x Report Configuration – Documentation provided within this RPF demonstrates the potential for up to 138 Reports to be developed. After review the data provided, IKC believes that several of these reports could be facilitated with simple filters/queries and/or system searches with simple configuration considerations and/or could be written by City after they have attended Reports Training. Because of this IKC is including 85 reports for the purposes of the cost proposal for this RFP. The includes up to 85 Reports, including: o Low Complexity Reports – up to 15 Includes documents such as Transmittals and Expiration Letter. These types of reports generally have no more than 5 fields pulling from the Civic Platform database with the majority of the report being hard coded. o Medium Complexity Reports – up to 50 Includes reports such as Permits and Project Activity Reports. These types of reports generally have several fields pulling from the Civic Platform database with some hard coded information also included. o High Complex Reports – up to 20 Includes reports such as Financial Reports, Statics and reports that require data from multiple tables in the database. These types of reports pull data from multiple Civic City Council 13 – 56 10/1/2024 Page | 18 Platform tables, may require complex field formatting and may require derived fields which do not physically exist within the database. x Script Development – Script Repository Setup and development of up to 250 hours of scripting to automate processes beyond the robust functionality that is part of the Civic Apps and system functionality. x Interface Development for the following: o California State Licensing Board o iNovah - cashiering system o ERP – Lawson o Laserfiche o Business Tax System o Infor Financials o Accela GIS Configuration and setup o Assistance with Selectron Interface (Selectron manages all of their own integrations with Accela, IKC will act as the Accela expert to assist where needed) o Assistance with Avolve ProjectDox Interface (Avolve manages all of their own integrations with Accela, IKC will act as the Accela expert to assist where needed) x Interface Configuration Documentation – Interface configuration documents will be provided for all interfaces that are full developed by IKC or Gray Quarter staff. Selectron and Avolve both manage their own integrations so any documentation would need to be provided by them. x Conversion Build and Mapping – A configuration document identifying the process of conversion and defining all mapping completed will be provided. Step 4 Deliverables x User Training – Up to 13 End User Training classes will be provided onsite. Each class may have a maximum of 12 attendees. Each class will be 1.5 days in duration. x Sample Test Scripts – Core Team members will be provided 2 or 3 sample test scripts to use as a foundation for development of their jurisdiction specific test scripts. The Project Manager will be available to assist with this effort, however we find that these test scripts are the most effective when full input from actual end users, who know the real time processes, take ownership of these scripts. x Data Conversion Runs – A total of 3 data conversion runs are part of this deliverable. x Accela Citizen Access (ACA) Setup – Although the majority of the configuration of ACA will occur within Step 3, the final pieces and delivery of this item will not occur until early in Step 4. ACA will be configured for online searching, inspection request and record application where appropriate. On line application to include a minimum of 70% shared page flows across the 4 different modules. Step 5 Deliverables x Data Conversion Runs – The final data conversion run will occur as this deliverable and documentation on the final configuration and mapping of the conversion will be provide. City Council 13 – 57 10/1/2024 Page | 19 x Onsite Go Live Support – 2 IKC staff will be onsite to assist staff for the full first week of Go Live. x Offsite Post Go Live Support – Focused ongoing support will continue for 30 days after Go Live before transitioning the maintenance of the implementation to Accela’s Customer Resources Center (CRC). Sample Design Document included – See Exhibit 2 Sample Test Scripts included – See Exhibit 3 e) Roles and Responsibilities of City Staff Agency Project Sponsor The Project Sponsors act as the final escalation point for issue resolution. Responsibilities include: x Represent the interests of the project within the Agency x Represent the Jurisdiction’s interests both strategic and financial within the context of the project x Stays informed of major project activities x Assists with major issues, problems, policy conflicts and removes obstacles x Ensure the project manager receives resources where needed in a timely manner Agency Project Manager The Agencies Project Manager will work closely with the IKC Project Manager to manage, track, facilitate and plan for all project activities. The Project Manager works with the Project Sponsors, Subject Matter Experts and other stakeholders to ensure the timely delivery of a quality product. Responsibilities include: x Overall administration, coordination, communication, and decision-making associated with the implementation x Planning, scheduling, coordinating and tracking the implementation x Coordination of all projects x Ensure that the project team stays focused x Ensure tasks are completed on schedule and that the project stays on track Project Team Leads Team leads will work with the project team and facilitate project activities for the Agency and communicate with each affected department to represent department needs and business processes during implementation. Responsibilities include: x Attend requirements gathering workshops x Coordinate with SMEs to gather data and make decisions about business processes x Coordinate with SMEs to assist in the creation of specifications for reports, interfaces and conversions x Review and test the system configuration x Learn the system and assist in configuration Subject Matter Experts (SMEs) User representative from each affected department to represent department needs and business processes during implementation. Responsibilities include: x Attend requirements gathering workshops x Able to gather data and make decisions about business processes x Assist in the creation of specifications for reports, interfaces and conversions x Review and test the system configuration x Participate in knowledge transfer opportunities in order to understand the system City Council 13 – 58 10/1/2024 Page | 20 f) Data Conversion and Migration Approach IK Consulting and Gray Quarter staff have implemented and managed Accela's legacy Permits DOS, Permits Plus, and Accela Civic Platform systems within various jurisdictions for more than 30 years; data conversion being a critical piece of most of our full implementations. Our methodology and approach ensure a seamless, accurate, and timely transfer of data for our customers. The first step is a detailed review of the current system(s) where data exists and documenting those fields (including data type and field size) that are to be migrated to the new system. Many times there will be fields of data that, over time, have been deemed unnecessary and may not have a purpose in migration. These will be identified at this time along with determining if incoming data will be historical in nature, or if it needs to be functional for current/active projects. This step will involve both IKC/Gray Quarter and City of Santa Ana staff to work together in evaluation. Once the field coming from the existing/previous system have been documented the next step is to review the new system field layout to ensure that there is configuration in place for all of the incoming data; and adjusting configuration in the new system where appropriate. Primary responsibility for this will lay with the IKC/Gray Quarter team, but will also require some work from City staff to assist with field definitions which may not be clear. Actual data conversion is generally accomplished within 3 passes/runs of the conversion. The actual data conversion runs will be the responsibility of the IKC/Gray Quarter team, while the testing and verification of the conversion results will be the primary responsibility of Santa Ana staff. The first run is done into a testing system and generally highlights issues where either fields have not been mapped properly and/or were overlooked for the needs of the jurisdiction. The second run allows a staff to do a review of the adjustment/corrections made from the first runs review, with a final critical look at the data and one last option for adjustments if needed. The final run is the pass that will be implemented into the Production environment for use within the new system at Go Live. g) Data Cleansing and Mapping A primary piece of data conversion is Data Cleansing and Data Mapping. Data Cleansing involves the identification and resolution of data standards exceptions between the existing and new systems that needs to be addressed, removal of duplicate data where it may exist and potential transformation of data to fit the new systems standards and/or requirements. IKC and Gray Quarter staff have extensive experience reviewing data and ensuring the cleanest data source possible. Data mapping is another critical piece of data migration providing an automated definition of where all incoming fields should be placed in the new system. IKC and Gray Quarter will set the standard mappings and will work closely with City staff for jurisdiction specific fields that may require additional expertise to define appropriate location in the new system. h) Training Plan Where possible, we recommend onsite training to allow for the most effective transfer of information. All training sessions listed below have been quoted as onsite; however, web-based options are available for the City Council 13 – 59 10/1/2024 Page | 21 Administrator Training in addition to training opportunities that are offered by Accela thru their Accela University. End User Training This training is a 1.5-day training on the End User functionality of the Civic Platform system as it relates to Land Management and/or Licensing and Case Management. Attendees will be taught the ins and outs of the use of the system to allow them to effectively manage and track their processes within the system. IKC recommends a single 1.5-day End User Training for all end users to ensure City staff are proficient in the use of the new system. With 150+ staff to be trained, and a recommended max class size of 15, the schedule should include 10 classes, over the course of approximately 4 weeks. Initial classes should include Core Team members, Subject Matter Experts and any other City Staff who will be assisting with the User Acceptance Testing. Training for all other staff is recommended to occur within a 2-to-3-week time before Go Live to ensure that training details remain fresh and are not lost due to lack of system use prior to Go Live. Administrator Training IKC recommends a series of training sessions to equip City staff to Administer Civic Platform. Some of these classes are most effective before Go Live, while others are more effective after the system has been in use for at least a month; allowing administrators to have a more hands-on understanding of the impact of update and modifications they may choose to implement. These classes include the following: Pre-Go Live Civic Platform Administrator This class is a 3-day in-depth training on Administering the overall Civic Platform system using Administrator and corresponding pages. Attendees will learn how to develop new processes within the system as well as manage processes across the implementation. IKC recommends this class be held between 30 and 45 days prior to Go Live so that City Administrators are prepared to support staff immediately, while working along side of IKC for knowledge transfer and assistance. Reports Training Workshop This training is a 4-day class which includes Reports Schema Training and SSRS Reports Training as well as 2 days of actual hands-on Report development focused on actual jurisdictional report needs. The additional 2 days allows attendees to utilize the knowledge gained from the 2-day Reports Training with actual reporting needs of the jurisdiction. Depending on agency preference, this training could be done immediately after the system configuration is completed and approved, or it could wait till after Go Live. Doing so earlier in the implementation process will allow Administrators to better understand configuration impacts and to assist with any troubleshooting as early as Go Live week. AGIS Admin This training is a half-day training on the AGIS Admin Integration software. Attendees will learn how to navigate AGIS Admin for troubleshooting, refreshing services and adding new services and/or layers to Civic Platform. This training will also cover some basics of an external Address/Parcel/Owner setup (aka XAPO) for agencies who choose this option during system configuration and setup. City Council 13 – 60 10/1/2024 Page | 22 For the most part, Accela GIS will not require much update or maintenance, unless a change is made to the agencies GIS configuration or user needs. This training could occur at any time either before or after Go Live. Post Go Live Civic Platform User Experience This training is a 2-day in-depth training on administration as it related to user experience and security. Attendees will learn how to utilize the form layout editors, configure consoles, implement additional security controls, setup calendars, templates and more. IKC Recommends holding this training a few months after go-live. This allows users to get a full hands- on experience with the software which will allow them to better understand what they would assist them in the layout and design of the user experience. Once users know what they would like, this class could be done as a working class which would allow the trainees to use real live examples for many of the updates they will be learning. EMSE Basics This training is a 1-day class which includes an overview of the Event Manager and Script Engine (EMSE), triggers, functions, controls, variables, debugging and available documentation overview IKC also recommends holding this training a few months after go-live. This will allow the trainee to become well versed in the overall system configuration and user needs before they move into the more complex pieces of scripting. Accela Citizen Access This training is a 1-day in-depth training on Administering the Citizen Access (ACA) (customer portal) system. Attendees will learn how to develop online processes and make them available to constituents. This is another training that could either occur within a couple months of go-live or after go-live. We recommend it after go-live simply to balance the amount of learning that will be required for administrators during the go-live process. i) Testing Approach Testing is a critical part of IKC implementation to ensure that systems function as effectively as possible, and data conversions flow as expected. IKC’s approach to testing is two part; the first is automated, the second is manual. Automated Testing During the automated testing, IKC will run scripts against the database to review configuration, consistency, and identify possible issues and/or concerns that need to be reviewed. Manual Testing Manual testing will be completed by the users, as a part of User Acceptance Testing. During the manual tests, staff will be working to validate that the configuration for each record is accurate (fields, workflow, fees, requirements, etc.), as well as evaluating that the records meet the functional requirements for the department/division. City Council 13 – 61 10/1/2024 Page | 23 Section 6 – Ongoing Maintenance and Support (Optional) a) Ongoing Managed Support Services IK Consulting has a long history of continued relationships with agencies long after Go Live. From basic annual fee increases to implementing new modules and on-going training; each agencies needs vary and we are here to assist in whatever way is needed. Post Go-Live service needs generally include: x New Module Configuration x New Record Configuration x Existing Record Enhancement x System Scripting x Data Conversions x Report Development (SSRS and Crystal Reports) x Electronic Document Review Configuration x Accela GIS Integration x 3rd Party Integration Assistance x Accela App Configuration x Accela Citizen Access Configuration x End User and Administrator Training IK Consulting recommends a Managed Support Services contract after Go Live for a period of 1 to 3 years depending on your agency’s overall needs. Many agencies find that the first 3 years after a full implementation are the most active as users discover the full systems abilities and want to explore more options to make the system the most robust for themselves and their customers. Based on experience with other implementations of the size of Santa Ana’s, we recommend the following: Year 1 – 250 Support Hours Year 2 – 175 Support Hours Year 3 – 120 Support Hours Support hours can be purchased ahead of time as a lump sum for each year, or they can be used as Time and Materials so that you only pay each month for the hours used in the previous month – which ever method is preferred by your agency. b) Upgrades, Patches and Other Maintenance The primary support for upgrades, patches and other maintenance for the Civic Platform will be managed and supported, per your maintenance agreement with Accela, Inc, as part of their Cloud Subscription services. They have a regular schedule for upgrades which includes full version upgrades twice each year, along with monthly patches. To support those efforts with agencies, IKC is available to provides assistance with testing of new versions in addition to issue resolution for items that staff may identify which would not be covered by contract with Accela. Hours for this testing and issue resolution is generally covered under Managed Support Services and is included in our hour’s recommendation above for the first 3 years after Go Live. City Council 13 – 62 10/1/2024 Page | 24 c) Change Management (Post Go-live) Change management post go-live differs from before go-live in that the focus before is on managing the overall scope of the project to ensure it stays within budget, within project time frame and within desired outcomes for the full project. After go-live the focus shifts priorities to be more overall effectiveness of the full system, sustainability thru system standards and ongoing documentation of the path and decisions made along the systems lifetime. Post go-live should still have documentation related to what the requested/desired change is, why it is deemed necessary and the impact on business processes and budget (just like pre go-live). IKC will support the City of Santa Ana in these efforts either by following any documentation processes the city has in place, or by assisting the city in setting up a procedure for creating one. Section 7 – Pricing (Price Sheet Made Available as a Separate Document) Per the RFP requirements, a separate Microsoft Spreadsheet, Santa Ana - Price Sheet_IKC.xlsx has been completed and uploaded separately with this response. Section 8 – Proactive Rental Enforcement Program (PREP) Billing (Optional) See Appendix D for details on the PREP Billing Response Section 9 – Sample Documents Sample documents have been added as Exhibits and include: Exhibit 1 – Change Order Document Exhibit 2 – Design Document Exhibit 3 – Test Script Examples RFP Appendix A – Requirements See Appendix A in this response for all required attachments, including: Attachment A: Proposer’s Certification and Proposal Item Pricing Attachment B: References Attachment C: Proposer’s Statement Attachment D: Non-Collusion Affidavit Attachment E: Non-Lobbying Certification Attachment F: Non-Discrimination Certification Attachment G: SAM.gov UEI Verification Attachment H: Certificate Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion City Council 13 – 63 10/1/2024 Page | 25 RFP Appendix C – Price Sheet Per the RFP requirements, a separate Microsoft Spreadsheet, Santa Ana – Price Sheet_IKC.xlsx has been completed and uploaded separately with this response. RFP Appendix D – PREP Billing (Optional) See this proposals Appendix D for details on the PREP Billing Response City Council 13 – 64 10/1/2024 Page | 26 Appendix A – 23-087A Required Attachments City Council 13 – 65 10/1/2024 27 City Council 13 – 66 10/1/2024 28 City Council 13 – 67 10/1/2024 29 City Council 13 – 68 10/1/2024 30 City Council 13 – 69 10/1/2024 31 City Council 13 – 70 10/1/2024 32 City Council 13 – 71 10/1/2024 33 City Council 13 – 72 10/1/2024 34 City Council 13 – 73 10/1/2024 35 City Council 13 – 74 10/1/2024 36 City Council 13 – 75 10/1/2024 37 City Council 13 – 76 10/1/2024 Page | 38 Appendix B – Sample Contract Acknowledgement City Council 13 – 77 10/1/2024 Page | 39 Sample Contract Acknowledgement IK Consulting has reviewed Santa Ana’s sample Consultant Agreement (RFP Appendix B) and accepts with the following exceptions related to the Insurance requirements. IK Consulting does not currently carry the Cyber Liability portion of the insurance specified. Given that we will not need access to Santa Ana’s network, nor will we store or control anything related to the Civic Platform database, we anticipate that our current insurance coverage will suffice for this project's requirements. IK Consulting does not own any automobiles, therefore we do not carry commercial auto; instead, we carry $1M in Hired/Non-Owned vehicle coverage, which we believe will still meet the requirements for Automobile Liability. IK Consulting has been with The Hartford from the beginning, and they are a highly rated company. They do not utilize the ISO forms; however, they have their own forms which are considered comparable to the ISO forms. Because they are comparable, this has not been an issue in the past. If the City necessitates a new certificate with additional requirements for this project, we are open to negotiating this if selected as the successful bidder for this contract. City Council 13 – 78 10/1/2024 Gray Quarter Inc. 8575 Morro Rd Atascadero, CA 93422 P: 925.236.0070 F: 805.460.7059 July 17, 2024 To: The City of Santa Ana, CA Gray Quarter is pleased to act as a subcontractor under the IKC prime contract. Gray Quarter has read IKC’s contract obligations and agree to abide by the them. We look forward to partnering with IKC in delivering superior implementation services on behalf of the City. Sincerely, John Schomp CEO Gray Quarter, Inc. 40 City Council 13 – 79 10/1/2024 Page | 41 Appendix C – Price Sheet Per the RFP requirements, a separate Microsoft Spreadsheet, Santa Ana – Price Sheet_IKC.xlsx has been completed and uploaded separately with this response. City Council 13 – 80 10/1/2024 Page | 42 Appendix D – PREP Billing (optional) City Council 13 – 81 10/1/2024 Page | 43 PREP Billing Option Due to the timeframe provided, we have determined that there was insufficient time to fully evaluate the requirements and formulate comprehensive questions to address this optional section of the RFP. Consequently, we were unable to fully consider and respond to this portion. We have however, reviewed the requirements that are outlined in this RFP and are confident that Accela Civic Platform can meet a significant portion of the requirements highly effectively. Other requirements appear to be less clear and we would need additional information to accurately determine the ability to fulfill them. For the purposes of this proposal, we believe that Civic Platform Licensing and Case Management Module is an effective software platform for Licensing/Registration, Renewal and Review Checklist type processes. Additionally, the Mobile App supports the functionality desired for field staff. The integration requirements of the PREP Billing item align greatly with those of the remainder of this RFP, so we would anticipate being able to meet this requirement without exception for any software that has an API that would allow the integration with Accela. It is important to point out that Accela’s Civic Platform is not a true Financial System software, so collections type processing can be more complex to implement and will require more in-depth analysis work with subject matter experts in order to ascertain any potential gaps between ability and need for this type of functionality. Assuming that further in-depth analysis identifies Civic Platform as a good choice for this process we would Propose the following: x A PREP Application Record with the following components o Custom Fields implementation to track jurisdiction specific data o Fee Schedule to manage PREP specific fees o An Inspection/Checklist implementation to allow field staff to easily assess locations o Workflow implementation that allows for notifications where appropriate and renewal preparations o Action (custom field change, workflow update, inspection result, etc) driven notifications to property owners, applicants and/or city staff as appropriate. x A PREP Renewal record that links to the application and tracks renewal status in real time. Tentative level of effort on this implementation would be between 150 and 200 hours. Tentative cost of $22,500 to $30,000. City Council 13 – 82 10/1/2024 Page | 44 Appendix E – Key Personnel Resumes City Council 13 – 83 10/1/2024 Constance C. Ingram IK Consulting, LLC PO Box 17661 Tucson AZ 85731 (520) 891-5319 (520) 721-8634 fax connie.ingram@ikcpartners.com 3URIHVVLRQDO([SHULHQFH ,.&RQVXOWLQJ//&±0D\WR3UHVHQW &R2ZQDQGRSHUDWHDV\VWHPVGHYHORSPHQWFRQVXOWLQJEXVLQHVV:RUNZLWKYDULRXVMXULVGLFWLRQVZLWKLQWKH8QLWHG6WDWHVWR GHYHORSPDLQWDLQDQGHQKDQFH3HUPLWV3OXVDQG$FFHOD&LYLF3ODWIRUP/DQG'HYHORSPHQWDQG/LFHQVLQJV\VWHPV3URYLGH EXVLQHVVV\VWHPVDQDO\VLVDQGSURFHVVPDSSLQJSULRUWRDXWRPDWLRQWRHQVXUHWKHPRVWHIIHFWLYHSURFHVVLPSOHPHQWDWLRQIRUHDFK MXULVGLFWLRQ3URYLGHFRPSUHKHQVLYHWUDLQLQJVHVVLRQVRQWKHPDLQWHQDQFHDGPLQLVWUDWLRQDQGXVHRIWKHVHDXWRPDWHGV\VWHPV 3LPD&RXQW\'HSDUWPHQWRI7UDQVSRUWDWLRQ±$XJXVWWR2FWREHU 6XSHUYLVHGDQGPDQDJHGPXOWLSOHVRIWZDUHGHYHORSHUVDQGEXVLQHVVV\VWHPVDQDO\VWVZLWKLQWKH'HSDUWPHQWRI7UDQVSRUWDWLRQ &RRUGLQDWHGZLWKGLYLVLRQPDQDJHUVDQGGHSDUWPHQWKHDGVWRIDFLOLWDWHLQWHJUDWLRQRIV\VWHPVEHWZHHQGLYLVLRQVDQGGHSDUWPHQWV ZLWKLQWKH&RXQW\/HDGWKHGHSDUWPHQWV3URFHVV0DSSLQJDQG3URFHVV0DQDJHPHQWHIIRUWV 3LPD&RXQW\'HYHORSPHQW6HUYLFHV'HSDUWPHQW±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±0D\WRSUHVHQW 3URYLGHFRPSUHKHQVLYHFODVVURRPWUDLQLQJRQ$FFHOD&LYLF3ODWIRUP$GPLQLVWUDWLRQ$FFHOD&LYLF3ODWIRUP(QG8VHUDQG$FFHOD $G+RF5HSRUWV'HYHORSPHQWDVZHOODVPXOWLSOHZHEEDVHGWUDLQLQJFODVVHVRQWKH&LYLF3ODWIRUPVRIWZDUHIXQFWLRQDOLW\ 3LPD&RXQW\±$GMXQFW)DFXOW\7HDP/HDGHU±0DUFKWR2FWREHU &RRUGLQDWHGHIIRUWVEHWZHHQPXOWLSOHGHSDUWPHQWVWRGHYHORSDQ$GMXQFW)DFXOW\IRU3LPD&RXQW\3XEOLF:RUNVGHSDUWPHQWV 5HVSRQVLELOLWLHVLQFOXGHGWKHGHYHORSPHQWDQGWHDFKLQJRIHPSOR\HHGHYHORSPHQWFODVVHVLQFOXGLQJ&XVWRPHU6HUYLFH7UDLQ WKH7UDLQHU(WKLFV &RQIOLFWRI,QWHUHVW7HDP'\QDPLFV7HDP%XLOGLQJ4XDOLW\3URFHVV,PSURYHPHQWDQG3URFHVV0DSSLQJ 3LPD&RXQW\'HYHORSPHQW6HUYLFHV'HSDUWPHQW±WR$XJXVW 3URYLGHGRQHRQRQHDVZHOODVFODVVURRPWUDLQLQJIRUGHSDUWPHQWSHUVRQQHORQ1HWZRUNLQJ(PDLO:RUG3URFHVVLQJ3HUPLWV '26DQG3HUPLWV3OXVVRIWZDUH (GXFDWLRQ 6DQWD5LWD+LJK6FKRRO±*UDGXDWHG1+6 3LPD&RPPXQLW\&ROOHJH±&UHGLWV(DUQHG 8QLYHUVLW\RI$UL]RQD±&UHGLWV(DUQHG 8QLYHUVLW\RI3KRHQL[±%6%$ZLWK3URJUDP*3$RI &HUWLILFDWHVDQG$ZDUGV x&HUWLILHG7UDLQHU&HUWLILFDWH±$FKLHYH*OREDO0DUFK x6XSHULRU6HUYLFH7HDP$ZDUG)RU$GMXQFW)DFXOW\±$PHULFDQ6RFLHW\IRU3XEOLF$GPLQLVWUDWLRQ0D\ x&HUWLILFDWHLQ3XEOLF3ROLF\ 0DQDJHPHQW±8QLYHUVLW\RI$UL]RQD(OOHU&ROOHJHRI0DQDJHPHQW'HFHPEHU x0DVWHU\RI3URFHVV0DSSLQJ±%XVLQHVV(QWHUSULVH0DSSLQJ$SULO x$FFHOD%URQ]H&HUWLILHG,PSOHPHQWDWLRQ3URIHVVLRQDO±$SULO x$FFHOD$VVHW0DQDJHPHQW3URIHVVLRQDO±6HSWHPEHU x$FFHOD(06(6FULSWLQJ/HYHO±)HEUXDU\ x$FFHOD(06(6FULSWLQJ/HYHO±0DUFK x$FFHOD(06(6FULSWLQJ/HYHO±$SULO 45 City Council 13 – 84 10/1/2024 x$FFHOD*,6$GPLQLVWUDWLRQ±-XQH x$FFHOD&RQILJXUDWLRQ0DQDJHU±6HSWHPEHU x$FFHOD,QVLJKWV±6HSWHPEHU x$FFHOD&HUWLILHG3DUWQHU/HYHO$FFHOD&LWL]HQ$FFHVV±$SULO x$FFHOD&HUWLILHG3DUWQHU/HYHO5HFRUGVDQG0RELOH&RQILJXUDWLRQ±0D\ x$FFHOD&HUWLILHG3DUWQHU/HYHO*,6±0D\ x$FFHOD&HUWLILHG3DUWQHU/HYHO8VHU([SHULHQFH&RQILJXUDWLRQ±0D\ 5HIHUHQFHVDYDLODEOHXSRQ5HTXHVW 46 City Council 13 – 85 10/1/2024 MELISSA O. KERN IK Consulting, LLC PO Box 17661 Tucson, AZ 85731 (520) 891-5376 missy.kern@ikcpartners.com Summary Of Qualifications &Over 25 years experience as an Information Systems professional. &Over 35 years experience working in the Building Industry. &Certified Novell NetWare Administrator, Certified Software Manager and Accela Certified Partner. &Proven effective management skills with involvement in departmental management decisions. &Exceptional focus and follow-through abilities. Innovative thinker, creative, and resourceful. &Strong troubleshooting and problem-solving skills. &Detail-oriented, multi-tasker with strong organizational skills. &Outstanding dedication to customer service and client relations. Professional Experience IK CONSULTING, LLC, Tucson Arizona Managing Partner May 2002 to Present &Partner in consulting firm that provides business process analysis, configuration (including items such as workflow, inspections, form design, event, scripts, user defined data, fees, etc.), data conversion, reports, testing and training for various software systems, including the Accela Civic Platform. &Manage migration and conversion of data from Accela legacy platforms to the Civic Platform, as well as many legacy mainframe and other databases. Data review and cleanup of existing systems prior to migration to ensure data integrity and usability. &Design and develop custom reports for documents, memos, letters, permits, workload, statistical/monthly counts, financial, and workflow data using Access, SSRS and/or Crystal Reports. &Work closely with other vendors to integrate additional solutions with the Accela Civic Platform, such as IVR, GIS, Mobile and Financial systems. &Training courses offered for the Accela Civic Platform in the following areas: User/Utilization, Administration, Core Team, Database Schema and Reports, Accela Mobile Office, Accela Citizen Access Administrator and Customer Service. CITY OF PEORIA, Peoria, Arizona Contract Management Analysis February 2003 to December 2009 and SYSTEMS TECHNOLOGY GROUP, INC., Phoenix, Arizona Contract Staff for City of Peoria Information Technology January 2010 to December 2010 &Responsible for the Engineering Department Permits Plus record types, documents, and necessary programming for new processes as well as maintenance of existing process types for fee increases and/or new fee processing. &Creation of all reports and forms necessary for daily business, management of workload, and financial comparisons. &Key staff responsible for the analysis, configuration, process mapping and testing of the new processes created in Accela for the Engineering Department. &Instrumental in the mapping process for migration from legacy platform to Accela for the Engineering Department, and assistance with three (3) other departments at critical times. &Creation of over 100 custom reports, letters, documents, and permits for utilization by staff and management utilizing Crystal Reports for multiple departments in the City. &Provide assistance with the scripting and testing, as necessary. &Creation of custom user documentation for training purposes. Conducted User/Utilization training. &Provide custom documentation and training for key staff for Reporting, Queries, and other features. 47 City Council 13 – 86 10/1/2024 PIMA COUNTY DEVELOPMENT SERVICES DEPARTMENT, Tucson Arizona Permitting Development Manager November 1998 to September 2001 Permitting Development Coordinator December 1995 to November 1998 Administrative Support Specialist I March 1994 to December 1995 and TOWN OF ORO VALLEY, Oro Valley, Arizona Permitting and Office Manager September 2001 to December 2003 &Manage the process analyses and mapping of, as well as the design and implementation of, manual processes into an automated process. Additionally, manage conversion of existing automated processes into the Permits Plus software. &Research and develop reports of various permit data, perform statistical analysis, and manage all internal and public reporting requests using MS Access or SQL. &Oversee and provide technical expert support for all applications used within the department including the Interactive Voice Response system, hardware, and network assistance. &Train, assign work load and supervise four (4) programming, systems analyst and processing support staff as well as the Help Desk staff at Pima County, AZ. &Train, assign work load, and supervise four (4) Building and Administrative staff members as well as manage the Building Counter with the daily functions related to all Building and Permitting activities at the Town of Oro Valley, AZ. &Responsible for all security design, implementation, and maintenance for Departmental software. &Create new documentation for processes and procedures, and supervise all training for 120+ users. &Instrumental in the original design, call flow, and implementation of the joint Pima County/City of Tucson Interactive Voice Response (IVR) system utilized to schedule/update building inspections. &Manage contracts and Intergovernmental Agreements utilized by Development Services. &Manage monthly report for revenues and comparison of income to provide budget projections. Instrumental in yearly budget preparation for the Development Services Department. Related Experience PIMA COUNTY DEVELOPMENT SERVICES DEPARTMENT, Tucson Arizona Subdivision Coordinator March 1993 to March 1994 Assistant Subdivision Coordinator October 1988 to March 1993 Public Service Clerk August 1986 to October 1988 Clerk September 1984 to August 1986 &Manage and coordinate daily activities of all review processes required for subdivision plats and development plans review within the Subdivision Coordination Office. &Assisted in the system design, evaluation, and implementation of the computerized Subdivision Tracking System utilized by the Subdivision Coordination Office. &Work with the public to provide information regarding policies and procedures for compliance with land uses, zoning, and building codes requirements. &Basic review and processing of plans submitted for building and zoning permits. &Process requests for inspections and update records to determine finalization of building projects. &Establish and coordinate a system to monitor expired permits and the non-compliance of Building Codes. &Act as problem solving liaison between the Board of Supervisor’s, County Departments, and constituents. Education And Training &BUSINESS ADMINISTRATION/COMPUTER PROGRAMMING, University of Arizona 1985 TO 1987 Successfully completed 24.50 credit hours. &BUSINESS ADMINISTRATION/COMPUTER PROGRAMMING, Pima Community College 1986 TO 1988 Successfully completed 21.00 credit hours. & SOFTWARE MANAGEMENT, Software Publishers Association NOVEMBER 1995 Obtained Software Manager Certification in December 1995. 48 City Council 13 – 87 10/1/2024 &NOVELL ADMINISTRATION 4X, University of Arizona MARCH 1996 Obtained CNA Certification for Novell 4X in January 1997. &SYSTEM ADMINISTRATION FOR MS SQL SERVER 7.0, DRA Software Training DECEMBER 2000 Successfully passed class examination. &MASTERING VISUAL BASIC 6.0 FUNDAMENTALS, DRA Software Training JANUARY 2001 Successfully passed class examination. &MASTERING VISUAL BASIC 6.0 DEVELOPMENT, DRA Software Training FEBRUARY 2001 Successfully passed class examination. &CRYSTAL REPORTS 1, 2 AND PROGRAMMING, DRA Software Training MAY 2001 Successfully passed class examination. &SSRS REPORTING, Clear Canyon Technologies, Inc.MARCH 2013 Successfully passed class examination. &ACCELA CERTIFICATIONS, Accela Inc. / Accela, University Successfully passed all the following class examinations &BRONZE CERTIFIED IMPLEMENTATION PROFESSIONAL APRIL 2016 &ACCELA ASSET MANAGEMENT PROFESSIONAL SEPTEMBER 2017 &ACCELA EMSE SCRIPTING - LEVELS 1, 2 AND 3FEBRUARY, MARCH, APRIL 2021 &CIVIC PLATFORM FORM DESIGNER FOR ADMINS FEBRUARY 2021 &ACCELA CERTIFIED PARTNER LEVEL 1: ACCELA CITIZEN ACCESS MAY 2023 &ACCELA CERTIFIED PARTNER LEVEL 1: GIS MAY 2023 &ACCELA CERTIFIED PARTNER LEVEL 1: RECORDS AND MOBILE CONFIGURATION MAY 2023 &ACCELA CERTIFIED PARTNER LEVEL 1: USER EXPERIENCE CONFIGURATION MAY 2023 Accela Civic Platform Supplemental &Effective and successful Project Manager of many Accela Land Management, Accela Asset Management and Accela Licensing and Case Management projects, ranging in all sizes from one to eight departments /modules, to assisting with only pieces of Accela managed projects (such as reports and/or training). &Complete business process analysis, leading multiple work teams from various departments across Enterprise wide agencies throughout the United States. &Automate various functionality utilizing Event Scripting (both version 2 and version 3), Custom Functions, Batch Processes and/or Expression Builder. &Establish user setup/security design and implementation for all areas of the software solution. &Creation/programming of many new process types for various divisions (building permit issuance, violation tracking, subdivision processing, address issuance, planning processes, business licenses, engineering processes, fire processes, gas well process, transportation processes, and others) for jurisdictions all across the United States. &Successfully managed numerous conversions of existing history data into newly created process, as well as multiple migrations to the Civic Platform. &Create custom new user and system manager documentation for processes and procedures, and manage System Administrator and User Training sessions. &Assist Accela Education / Accela U department with teaching core Civic Platform classes, such as Core Team Training, Administrator Training, V360 Administrator Training, User Training, EMSE (both version 2 and version 3), Accela Mobile Office Training, Database Schema Training, Report Writing Training, Scripting, Data Mapping Tool Training and Accela Citizen Access Administration. &Design and implement calendaring system within various products to effectively manage multiple jurisdiction’s inspection needs. Additionally designed calendars to manage Subdivision, Planning, and other process meeting and process due date schedules. &Manage and fulfill both internal and public reporting requests for data, using Access, Visual Basic, Crystal Reports, SSRS and SQL queries to access the data requested. &Define needs for additional functionality within the software, make necessary programming changes or work with Accela, Inc. to define necessary assistance, supervise testing prior to implementation, review/evaluate proper documentation and oversee implementation of new functionality. &Accela Gold Certified Partner.49 City Council 13 – 88 10/1/2024 ͳ IK Consulting, LLC ~ PO Box 17661, Tucson, AZ 85731 reina.schmid@ikcpartners.com SUMMARY OF QUALIFICATIONS I am a detail-oriented business analyst with strong troubleshooting and problem solving skills. I have twenty-five years’ experience in the public sector with a focus on work management including twenty years as an Information Technology professional performing process analysis and implementation of Enterprise Resource Planning (ERP) systems, Enterprise Asset Management (EAM), Work Management and Timekeeping systems. I am dedicated to outstanding customer service coupled with effective project management which has resulted in exceptional client relationships. PROFESSIONAL EXPERIENCE IK Consulting, LLC, Tucson, AZ Senior Implementation Specialist August 2016 – Present Leads sessions with system analysts, project managers and subject matter experts to collect data, current processes, associated documents and other information and creates configuration documents that describe how the system will be implemented. Responsible for configuring required functionality including EMSE scripting, expressions, user defined fields, workflow processes, inspections and user group security. Assess customers’ needs throughout the project and provide follow up with best practice strategies for full implementation and/or resolution. Tucson Medical Center, Tucson, AZ Senior Business Systems Analyst February 2014 – July 2016 Elicit functional requirements and design documents for proposed software systems, interfaces, customizations and reports. Perform analysis and evaluate business processes and user needs with the goal of implementing best practices. Perform fit gap analysis, workshops, site visits, process mapping (workflow), questionnaires, prototyping, use cases and brainstorming. Support quality assurance by reviewing system level testing of development activities including reports, interfaces, conversions, customizations and performing acceptance testing of the application against requirements including patches, upgrades, new software and hardware. Document creation and testing of implementation plans and technical review to comply with change control procedures. Design and deliver end user training and job aides including quick reference materials and step by step procedures. Desert Diamond Casinos and Entertainment, Tucson, AZ IT ERP Business Systems Analyst February 2012 – January 2014 Responsible for working with subject matter experts to define requirements for commercial off the shelf (COTS) applications as well as in-house customized applications and reports. Conduct Fit/Gap analysis, process mapping of As Is as well as To Be business processes and design test scripts for all phases of testing (unit, system and user acceptance). Facilitator of a five member core team tasked with implementing PeopleSoft Benefit Administration for 1200+ employees. Project was implemented successfully on time and significantly under budget. Design and maintain PeopleSoft Financial Requisition workflow for 130+ requesters and 100+ approvers. 50 City Council 13 – 89 10/1/2024 ʹ Pima County, Tucson, AZ Business Systems Analyst, Pima County Information Technology Department October 2009 – January 2012 As Team Leader and lead Business Analyst for Pima County’s Maximo Maintenance Management System team, coordinated with subject matter experts, implementation consultants and technical teams, defined the required functionality to support the business strategies, prioritized implementation requirements and performed system configuration of the Maximo application including Maximo Spatial and integration with the Advantage Financial Management System. Assistant System Administrator responsible for database configuration changes, application design modifications, security group set up and workflow configuration as well as troubleshooting system errors and preparing level of effort documentation for system enhancement requests. EDP Project Supervisor, Pima County Department of Transportation September 2007 – October 2009 Business Analyst responsible for application development, maintenance and system administration of MS SQL, Oracle and Access databases including enterprise level applications such as Oracle Work and Asset Management, and commercial off the shelf (COTS) applications such as Accela Permits Plus, CarteGraph and CCG Faster. Sole responsibility for security design, implementation and maintenance for department software such as CarteGraph PAVEMENTview and PAVEMENTview Plus applications and CCG Faster Motor Pool application. Troubleshooting and resolution of complex application support issues using SQL programming. Creating new documentation for processes and procedures, and supervising end user training for over 300 customers. IT System Analyst, Pima County Department of Transportation September 2002 – September 2007 Business Analyst and Trainer for the enterprise level Oracle SPL Asset Management System for nine Public Works departments. Identify and understand customer requirements and perform business systems analysis for Work Management and Inventory Management processes and systems. Performed and implemented process improvement through analysis and process mapping using the Business Enterprise Mapping (BEM) methodology. Supervise Information Systems Coordinator in the operational maintenance of automated systems. Team Leader of the 15 member Public Works Adjunct Faculty, supervising and performing training of the Customer Service, Team Building, Team Dynamics, Conflict of Interest and Quality Process Improvement training courses. (2007 to 2008) Business Systems Coordinator, Pima County Development Services February 1998 – September 2002 Facilitated work groups consisting of technical personnel and end-users to determine needs and requirements for proposed permitting system. Programmed new compositions for automated processes, and was lead programmer responsible for conversion of existing Development Review and Planning processes to the integrated solution software, PERMITS Plus. Researched and developed custom reports of various permit data, performed statistical analysis and managed all internal and public reporting requests through the use of SQL query development. Engineering Plans Technician, Pima County Department of Transportation December 1996 – April 1999 Facilitated multiple work teams charged with evaluating system functionality and developing the implementation plan for the PERMITS DOS automated system. Created end user testing documentation, facilitated user acceptance testing and prepared end user manuals for the operational maintenance of the system. Managed the monthly report for revenues and comparison of income to provide budget projections. Reviewed utility plans for conformance to Arizona State Revised Statutes (ASRS), regulatory and departmental requirements for issuance of Right-of-Way Use permits. 51 City Council 13 – 90 10/1/2024 ͵ EDUCATION AND TRAINING Accela, Tucson, Arizona Asset Management Certification, September 2017 Oracle University, TransAmerica Training Mgmt, Albuquerque, New Mexico PeopleSoft Benefits Administration Rel 9.1 Ed 1, December 2013 University of Arizona, Tucson, Arizona Train the Trainer, June 2007 Southwest Leadership Program, September 2006 Crystal Reports 7.0, September 2000 Novell Netware 4.11 Administration, August 1999 Pima County, Tucson, Arizona Tivoli’s Process Automation Engine Foundations (ILO) 8R710, provided by IBM, December 2011 IBM Maximo System Administration, provided by EMA, Inc., April - June 2011 CGI AMS Advantage Training, provided by CGI, May 2010 Synergen Power User Training, February 2005 Train the Trainer, May 2004 Customer Service Training, June 2003 Business Enterprise Mapping, Scottsdale, Arizona Mastery of Process Mapping, May 2005 The Power of Process Mapping, October 2004 DRA Technical Training, Tucson, Arizona A+ Certification, February 2002 System Administration for MS SQL Server 7.0, February 2001 Novell Netware 5.0 Administration, March 2001 New Horizon Technical Training, Tucson, Arizona Crystal Reports XI, April 2006 Programming in Access, October 2002 FrontPage, December 2002 HTML 4, January 2003 Access 2000 Level 3, October 2002 Visio Professional 2002 Levels 1 & 2, November 2002 PowerPoint, February 2003 Executive Training Solutions, Phoenix, Arizona Adobe Acrobat Professional 6.0, September 2004 Pima Community College, Tucson, Arizona General Studies (56 Semester Credit Hours Completed), 1987 – 2002 52 City Council 13 – 91 10/1/2024 Page 1 of 2 ³°½½´°%´¾³½ºº¹ Éº¹¾À·¿´¹²RÉ ÈºÃ RÀ®¾º¹R$! Summary Of Qualifications • Over 20 years experience as an Information Systems professional. • Over 30 years experience working in the Building Industry. • Very detail oriented. • Effective management and communication skills to facilitate overall project success. • Ability to work with people as a team or independently. Professional Experience IK CONSULTING, LLC, Tucson Arizona Senior Reports Specialist August 2010 to Pr esent • Manage, design and develop custom reports for documents, memos, letters, permits, workload, statistical/monthly counts, financial, and workflow data using Access, SSRS, Visual Studio, Report Builder and/or Crystal Reports, against several backend databases, with a specialty in Accela, Inc. products. • Serve as project manager for wide variety of projects of various sizes from small modifications to full implementations of a new department/division. Facilitate weekly meetings and coordinate all project documentation and management. • Manage conversion of data from other systems into Permits Plus and Accela Automation. • Data review and cleanup of existing systems prior to migration to ensure data integrity and usability. • Training for various Reporting Tools and Database Schema. CITY OF TUCSON, TUCSON, Arizona Customer Service Clerk May 1980 to January 1985 Clerical Supervisor January 1985 to August 1987 Systems Administrator August 1987 to December 2010 • Responsible for migration from a 3rd party system using Hewlett Packard to Permits DOS and then from Permits DOS to Permits Plus. • Responsible for the Development Services Department Permits Plus record types, documents, and necessary programming for new processes as well as maintenance of existing process types for fee increases and/or new fee processing. • Creation of all reports and forms necessary for daily business, management of workload, and financial comparisons using MS Access, SQL Server and Accela, Inc. product tools. • Creation of custom user documentation for training purposes. Responsible for training staff on systems - both user and administration training. • Provide support for applications used within the department including the Interactive Voice Response system. • Supervised various customer service and IT systems personnel. • Assist customers with permitting needs. 53 City Council 13 – 92 10/1/2024 Page 2 of 2 Education And Training • BUSINESS ADMINISTRATION/MIS, University of Arizona MAY 1988 Bachelor's degree • NOVELL ADMINISTRATION 4X, University of Arizona MARCH 1996 Obtained CNA Certification for Novell 4X in January 1997 • SYSTEM ADMINISTRATION FOR MS SQL SERVER 7.0, DRA Software Training DECEMBER 2000 Successfully passed class examination • SSRS REPORTING, Clear Canyon Technologies, Inc. MARCH 2013 Successfully passed class examination 54 City Council 13 – 93 10/1/2024 Page | 55 Exhibit 1 – Change Order Example Document City Council 13 – 94 10/1/2024 Ͳ ŚĂŶŐĞKƌĚĞƌ&Žƌŵ WƌŽƉŽƐĞĚŚĂŶŐĞ;ƐͿEZĞĂƐŽŶͬ:ƵƐƚŝĨŝĐĂƚŝŽŶĨŽƌŚĂŶŐĞ;/ŶĚŝĐĂƚĞhƌŐĞŶĐǇ>ĞǀĞůͿ hƌŐĞŶĐǇ>ĞǀĞů͗܆܆,ŝŐŚ܆DĞĚŝƵŵ܆>Žǁ WƌŽũĞĐƚEĂŵĞ͗ ZĞƋƵĞƐƚŽƌ͗ KƌŐĂŶŝǌĂƚŝŽŶ͗ ĂƚĞŽĨZĞƋƵĞƐƚ͗ ĞƐĐƌŝƉƚŝŽŶŽĨŚĂŶŐĞ͗ /ŵƉĂĐƚŽĨŚĂŶŐĞ;ƐͿ͗ /ŵƉĂĐƚŽŶZĞƐŽƵƌĐĞƐ͗ /ŵƉĂĐƚŽŶ^ĐŚĞĚƵůĞ͗ /ŵƉĂĐƚŽŶZĞƋƵŝƌĞŵĞŶƚƐ͗ /ŵƉĂĐƚŽŶŽƐƚ͗ ƐƐƵŵƉƚŝŽŶƐͬZŝƐŬƐ͗ ůƚĞƌŶĂƚŝǀĞƐƚŽWƌŽƉŽƐĞĚŚĂŶŐĞ;ƐͿ;ŝĨĂŶǇͿ͗ ^hDDZzŽĨdŽƚĂů/ŵƉĂĐƚŽĨŚĂŶŐĞ ZĞƐŽƵƌĐĞƐ͗ ^ĐŚĞĚƵůĞ͗ ZĞƋƵŝƌĞŵĞŶƚƐ͗ ŽƐƚ͗ EXHIBIT 1 56 City Council 13 – 95 10/1/2024 Page | 57 Exhibit 2 – Design Document Example City Council 13 – 96 10/1/2024 EXHIBIT 258 City Council 13 – 97 10/1/2024 59 City Council 13 – 98 10/1/2024 60 City Council 13 – 99 10/1/2024 61 City Council 13 – 100 10/1/2024 62 City Council 13 – 101 10/1/2024 63 City Council 13 – 102 10/1/2024 64 City Council 13 – 103 10/1/2024 65 City Council 13 – 104 10/1/2024 66 City Council 13 – 105 10/1/2024 67 City Council 13 – 106 10/1/2024 68 City Council 13 – 107 10/1/2024 Page | 69 Exhibit 3 – Test Script Examples City Council 13 – 108 10/1/2024 Exhibit 3 User Acceptance Testing Test Scripts Spreadsheet Formatted Sample – Some agencies prefer a spreadsheet format, with tabs for each of the possible areas to be tested. Below is an example of one of the tabs that are part of the spread sheet test script that Santa Ana’s project team will be provided at the Testing and Training step of implementation. 70 City Council 13 – 109 10/1/2024 Word Formatted Sample – Some agencies prefer a checklist in MS Word Format. Below is an example of the Ʊrst page of the Word formatted test script that Santa Ana’s project team will also be provided at the Testing and Training step of implementation 71 City Council 13 – 110 10/1/2024 EXHIBIT C CONSULTANT’S 5(63216(672REQUEST6 FOR CLARIFICATION City Council 13 – 111 10/1/2024 P.O. Box 17661 Tucson, AZ 85731 Phone: (520) 891-5376 or (520) 891-5319 Fax: (520) 733-6282 admin@ikcpartners.com ôŗŪôŜťϙċĺŘϙīÍŘĖƱèÍťĖĺĲŜϙċĺŘϙ>ϙbĺϟϙ͓͑-087A èèôīÍϙĖŽĖèϙŕŕīĖèÍťĖĺĲϙIıŕīôıôĲťÍťĖĺĲϙôŘŽĖèôŜ IK Consulting (IKC) ŕŘĺŽĖîôŜϙťēôϙċĺīīĺſĖĲČϙèīÍŘĖƱèÍťĖĺĲϯŪŕîÍťôŜϠϙÍŜϙŘôŗŪôŜťôîϠϙŘôīÍťôîϙťĺϙťēôϙÍæĺŽôϙ referenced RFP. 1.ôŘϙťēôϙèīÍŘĖƱèÍťĖĺĲϙŘôŗŪôŜťϠϙ the City will provide project coordinators and leads from each îĖŽĖŜĖĺĲϠϙťĺϙſĺŘħϙîĖŘôèťīƅϙſĖťēϙťēôϙŕŘĺŕĺŜôŘЍŜϙŜťÍƯϙċĺŘϙŜèēôîŪīĖĲČϙıôôťĖĲČŜϙÍĲîϙťÍŜħŜϟϙϙēôϙĖťƅ ĖĲťôĲîŜϙťĺϙŕŘĺŽĖîôϙæĺťēϙÍϙŘĺĤôèťϙŕĺĲŜĺŘϙÍĲîϙťôôŘĖĲČϙĺııĖťťôôϙıôıæôŘŜϙťĺϙŕŘĺŽĖîôϙēĖČē- īôŽôīϠϙÍťťôĲîϙťĺϙèĺĲťŘÍèťϙĖŜŜŪôŜϠϙÍĲîϙÍîîôŘϙÍĲƅϙĖťôıŜϙťēÍťϙèÍĲĲĺťϙæôϙŘôŜĺīŽôîϙſĖťēĖĲϙťēôϙŕŘĺĤôèť ťôÍıϟϙϙēôϙĖťƅϙŕŘôċôŘŜϙťēôϙŕŘĺŕĺŜôŘЍŜϙŘĺĤôèťϙaÍĲČôŘϙťĺϙŜôŘŽĖèôϙÍŜϙťēôϙŜĺīôϙŘĺĤôèťϙaÍĲÍČôŘϙċĺŘ ťēôϙŕŘĺĤôèťϟϙϙŘĺŕĺŜôŘЍŜϙŘĺĤôèťϙaÍĲÍger also jointly serve ÍŜϙÍϙīôÍîϙæŪŜĖĲôŜŜϙÍĲÍīƅŜťϟ A.ēĖŜϙĖŜϙÍèèôŕťÍæīôϙťĺϙIXϟ We can also èĺĲƱŘıϙťēÍťϙIXϙŘĺĤôèťϙaÍĲÍČôŘŜϙÍŘôϙſĺŘħĖĲČϙŕŘĺĤôèť ıÍĲÍČôŘŜϙÍĲîϙÍīſÍƅŜϙŜôŘŽôϙæĺťēϙŘĺĤôèťϙaÍĲÍČôŘϙÍĲîϙ[ôÍîϙŪŜĖĲôŜŜϙĲÍīƅŜťϙŘĺīôŜϙĺĲϙôŽôŘƅ ŕŘĺĤôèťϟϙϙēĖŜϙÍŕŕŘĺÍèēϙÍīīĺſŜϙŪŜϙťĺϙıÍĖĲťÍĖĲϙŜťŘôÍıīĖĲôîϙèĺııŪĲĖèÍťĖĺĲϠϙôĲēÍĲèôϙŕŘĺĤôèť ĺŽôŘŜĖČēťϠϙÍĲîϙôĲŜŪŘôϙťēÍťϙæĺťēϙŜťŘÍťôČĖèϙÍĲîϙÍĲÍīƅťĖèÍīϙĲôôîŜϙÍŘôϙÍîîŘôŜŜôîϙŜôÍıīôŜŜīƅϟ ϟ ŘĺŕĺŜôîϙťôÍıϙıôıæôŘŜϙċĺŘϙťēĖŜϙŕŘĺĤôèťϙĖĲèīŪîôϡ aĖŜŜƅϙXôŘĲ – IXϙĺĲŜŪīťĖĲČϠϙ[[ ÍĲťÍϙĲÍϙ ŘĺĤôèťϙ Roles: ŘĺĤôèťϙaÍĲÍČôŘ –aÍĲÍČôϙŕŘĺĤôèťϙħôôŕĖĲČϙĖťϙĺĲϙťŘÍèħϙÍĲîϙôĲŜŪŘĖĲČϙÍĲťÍϙ ĲÍϙŘôŗŪĖŘôıôĲťŜϙÍŘôϙÍèēĖôŽôîϙſēĖīôϙôĲŜŪŘĖĲČϙæôŜťϙŕŘÍèťĖèôϙĖŜϙ followed. [ôÍîϙŪŜĖĲôŜŜϙĲÍīƅŜť – "ôƱĲôϙÍĲîϙĖıŕīôıôĲťϙŜŕŘĖĲťϙÍŕŕŘĺÍèēϙċĺŘϙ implementation. ĺĲîŪèťϙÍĲÍīƅŜĖŜϙŜôŜŜĖĺĲŜϙſĖťēϙħôƅϙŜťÍƯϙťĺϙîôƱĲô ČÍŕŜϙĖĲϙťēôϙĖŽĖèϙŕŕŜϙŕŘĺŽĖîôîϙſĖťēϙĖŽĖèϙīÍťċĺŘıϙÍĲîϙîôƱĲôϙ additional jurisdiction record needs. ĺĲƱČŪŘÍťĖĺĲϙŪŕŕĺŘť – ŘĺŽĖîôϙÍŜŜĖŜťÍĲèôϙťĺϙèĺĲƱČŪŘÍťĖĺĲϙÍĲîϙŜèŘĖŕťĖĲČϙ ŜťÍƯϙċĺŘϙèĺıŕīôƄϙèĺĲƱČŪŘÍťĖĺĲϙĲôôîŜϟ ŘÍĖĲĖĲČϙ–ĺŘôϙôÍıϠϙ(ĲîϙŜôŘ ÍĲîϙîıĖĲĖŜťŘÍťĺŘϙŘÍĖĲĖĲČϟ ĖıĖīÍŘϙ ŘĺĤôèťŜ Roles: ēĖĲĺϠϙ ôċôŘôĲèôϡϙChase Jones cjones@cityofchino.orgϠϙ (909) 334-3393 >ĺŘťϙ®ĺŘťēϠϙ³ Go-[ĖŽôϙ͑͏͐͒ϙ– ôċôŘôĲèôϙĲĺϙīĺĲČôŘϙôıŕīĺƅôîϙæƅϙĤŪŘĖŜîĖèťĖĺĲ City Council 13 – 112 10/1/2024 FŪĲťĖĲČťĺĲϙôÍèēϠϙCA ôċôŘôĲèôϡϙJasmine Daley jasmine.daley@surfcity-ēæϟĺŘČϠϙϼ͖͓͐Ͻϙ͖͔͒-͔͓͖͐ aĺĲťôŘôƅϙÍŘħϠϙ ôċôŘôĲèôϡϙ[ĖŜÍϙ®ÍĲČ [®ÍĲČЬaĺĲťôŘôƅÍŘħϟèÍϟČĺŽϠϙϼ͕͕͑Ͻϙ͒͏͖-1300 ÍŘÍîĖŜôϙ«ÍīīôƅϠϙ¾ Go-[ĖŽôϙ͑͏͖͐ϙ– ôċôŘôĲèôϙĲĺϙīĺĲČôŘϙôıŕīĺƅôîϙæƅϙĤŪŘĖŜîĖèťĖĺĲ ŘôŜèĺťťϙ«ÍīīôƅϠϙ¾ ôċôŘôĲèôϡϙCarmela David cdavid@prescottvalley-az.govϠϙ͑͗͘-͖͔͘-3069 ôôîƅϙŘôôħϙIıŕŘĺŽôıôĲťϙ"ĖŜťŘĖèťϠϙ>[ ôċôŘôĲèôϡϙ(īīÍϙFĖèħôƅ ôēĖèħôƅЬŘèĖîϟĺŘČϠϙ͓͏͖-͗͑͗-3096 ÍĲťÍϙĺŜÍϠϙ ôċôŘôĲèôϡϙŘĖÍĲϙĖèħĲôŘ æťĖèħĲôŘЬŜŘèĖťƅϟĺŘČϠϙϼ͖͏͖Ͻϙ͔͓͒-͓͖͒͏ ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙa" ôċôŘôĲèôϡϙôèħƅϙ@ÍĲîôŘ rgander@washco-md.netϠϙϼ͓͑͏Ͻϙ͒͐͒-͓͕͕͑ ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙi ôċôŘôĲèôϡϙVJ Prasad Vijendra_Prasad@washingtoncountyor.govϠϙ͔͏͒-͓͕͗-͖͗͑͏ ®ēĖťťĖôŘϠϙ ôċôŘôĲèôϡϙVŪīĖÍϙŪťťĺĲ jsutton@cityofwhittier.orgϠϙϼ͔͕͑Ͻϙ͔͕͖-͖͗͘͘ ´ĺŘæÍϙ[ĖĲîÍϠϙ Go-[ĖŽôϙ͑͏͔͐ – ôċôŘôĲèôϙĲĺϙīĺĲČôŘϙôıŕīĺƅôîϙæƅϙĤŪŘĖŜîĖèťĖĺĲ ĺĲĲĖôϙIĲČŘÍıϙ– IXϙĺĲŜŪīťĖĲČϠϙ[[ ÍĲťÍϙĲÍϙ ŘĺĤôèťϙ Roles: XôƅϙŘĺĤôèťϙŪŕŕĺŘť – ÍèħŪŕϙŜŪŕŕĺŘťϙċĺŘϙŘĺĤôèťϙaÍĲÍČôŘϙÍĲîϙ[ôÍîϙ ŪŜĖĲôŜŜϙĲÍīƅŜťϙſēôŘôϙĲôôîôîϙÍĲîϙÍŜŜĖŜťÍĲèôϙťĺϙèĺĲƱČŪŘÍťĖĺĲϙÍĲîϙ ŜèŘĖŕťĖĲČϙŜťÍƯϙċĺŘϙèĺıŕīôƄϙèĺĲƱČŪŘÍťĖĺĲϙĲôôîŜϟ ŘÍĖĲĖĲČϙ– (ĲîϙŜôŘϠϙîFĺèϙôŕĺŘťŜϙÍĲîϙîıĖĲĖŜťŘÍťĺŘϙŘÍĖĲĖĲČϟ ĖıĖīÍŘϙ ŘĺĤôèť Roles: ēĖĲĺϠϙ >ĺŘťϙ®ĺŘťēϠϙ³ FŪĲťĖĲČťĺĲϙôÍèēϠϙ aĺĲťôŘôƅϙÍŘħϠϙ ÍŘÍîĖŜôϙ«ÍīīôƅϠϙ¾ ŘôŜèĺťťϙ«ÍīīôƅϠϙ¾ Reedy ŘôôħϙIıŕŘĺŽôıôĲťϙ"ĖŜťŘĖèťϠϙ>[ ÍĲťÍϙĺŜÍϠϙ ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙa" ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙi ®ēĖťťĖôŘϠϙ ´ĺŘæÍϙ[ĖĲîÍϠϙ City Council 13 – 113 10/1/2024 ôĖĲÍϙèēıĖîϙ– IXϙĺĲŜŪīťĖĲČϠϙ[[ ÍĲťÍϙĲÍϙ ŘĺĤôèťϙ Roles: ŪŜĖĲôŜŜϙŘĺèôŜŜϙĲÍīƅŜĖŜϙ– @ϙÍĲÍīƅŜĖŜϙċĺŘϙôƄĖŜťĖĲČϙĖŽĖèϙŕŕŜϙÍŜϙſôīīϙÍŜϙ ĤŪŘĖŜîĖèťĖĺĲϙŜŕôèĖƱèϙŕŘĺèôŜŜôŜϙŘôŗŪĖŘĖĲČϙċŪīīϙĲôôîŜϙÍĲÍīƅŜĖŜ ƅŜťôıϙĺĲƱČŪŘÍťĖĺĲϙ– aĺîĖƱèÍťĖĺĲŜϙÍĲîϙŪŕîÍťôŜϙċĺŘϙôƄĖŜťĖĲČϙĖŽĖèϙŕŕŜϙ ÍŜϙſôīīϙÍŜϙċŪīīϙèĺĲƱČŪŘÍťĖĺĲϙċĺŘϙĤŪŘĖŜîĖèťĖĺĲϙŜŕôèĖƱèϙŕŘĺèôŜŜôŜϟ ŪťĺıÍťĖĺĲϙèŘĖŕťĖĲČϙ– VÍŽÍèŘĖŕťϙîôŽôīĺŕıôĲťϙťĺϙÍŪťĺıÍťôϙŕŘĺèôŜŜôŜϙċĺŘϙ ĤŪŘĖŜîĖèťĖĺĲŜϙŜŕôèĖƱèϙĲôôîŜϟ ĖıĖīÍŘϙ ŘĺĤôèť Roles: èèôīÍϠϙIĲè īīôČēôĲƅϙĺϠϙPA ēĖĲĺϠϙ "ĺſĲôƅϠϙ FôŘıĺŜÍϙôÍèēϠϙ FŪĲťĖĲČťĺĲϙôÍèēϠϙ VŪŘŪŕÍϙ«ÍīīôƅϠϙ aôĲĖċôôϠϙ aĖŜŜĺŪīÍϠϙa aĺĲťČĺıôŘƅϙĺŪĲťƅϠϙiF aĺĲťôŘôƅϙÍŘħϠϙ ÍŘÍîĖŜôϙ«ÍīīôƅϠϙ¾ īÍĲťÍťĖĺĲϠϙ>[ ŘôŜèĺťťϙ«ÍīīôƅϠϙ¾ ÍĲϙ"ĖıÍŜϠϙ ÍĲťÍϙĺŜÍϠϙ ĺĲĺıÍϙĺŪĲťƅϠϙ ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙa" ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙi ®ôŜťϙÍèŘÍıôĲťĺϠϙ ®ēĖťťĖôŘϠϙ ®ĺĺîĖĲŽĖīīôϠϙ® ēôŘŘĖôϙ"ĖŜēŘĺĺĲϙ– IXϙĺĲŜŪīťĖĲČϠϙ[[ ÍĲťÍϙĲÍϙ ŘĺĤôèťϙ Role: Report Development – Development ĺċϙϙôŕĺŘťŜ. ĖıĖīÍŘϙ ŘĺĤôèť Roles: ēĖĲĺϠϙ "ĺſĲôƅϠϙ FôŘıĺŜÍϙôÍèēϠϙ FŪĲťĖĲČťĺĲϙôÍèēϠϙ VŪŘŪŕÍϙ«ÍīīôƅϠϙ aôĲĖċôôϠϙ aĖŜŜĺŪīÍϠϙa aĺĲťČĺıôŘƅϙĺŪĲťƅϠϙiF aĺĲťôŘôƅϙÍŘħϠϙ ÍŘÍîĖŜôϙ«ÍīīôƅϠϙ¾ īÍĲťÍťĖĺĲϠϙ>[ ŘôŜèĺťťϙ«ÍīīôƅϠϙ¾ City Council 13 – 114 10/1/2024 ôôîƅϙŘôôħϠϙ>[ ÍēŪÍŘĖťÍϠϙ¾ ÍĲϙ"ĖıÍŜϠϙ ÍĲťÍϙĺŜÍϠϙ ĺĲĺıÍϙĺŪĲťƅϠϙ ôıŕôϠϙ¾ ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙa" ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙi ®ôŜťϙÍèŘÍıôĲťĺϠϙ ®ēĖťťĖôŘϠϙ ®ĺĺîĖĲŽĖīīôϠϙ® īĖĲťϙaĖīīŜ – IXϙĺĲŜŪīťĖĲČϠϙ[[ ÍĲťÍϙĲÍϙ ŘĺĤôèťϙ Role: ŪťĺıÍťĖĺĲϙèŘĖŕťĖĲČϙ– VÍŽÍèŘĖŕťϙîôŽôīĺŕıôĲťϙťĺϙÍŪťĺıÍťôϙŕŘĺèôŜŜôŜϙċĺŘϙ ĤŪŘĖŜîĖèťĖĺĲŜϙŜŕôèĖƱèϙĲôôîŜϟ ĖıĖīÍŘϙ ŘĺĤôèť Roles: īīôČēôĲƅϙĺϠϙPA ēĖĲĺϠϙ "ĺſĲôƅϠϙ FôŘıĺŜÍϙôÍèēϠϙ FŪĲťĖĲČťĺĲϙôÍèēϠϙ VŪŘŪŕÍϙ«ÍīīôƅϠϙ aôĲĖċôôϠϙ ÍŘÍîĖŜôϙ«ÍīīôƅϠϙ¾ ŘôŜèĺťťϙ«ÍīīôƅϠϙ¾ ÍĲťÍϙĺŜÍϠϙ ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙa" ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙi ®ôŜťϙÍèŘÍıôĲťĺϠϙ ®ēĖťťĖôŘϠϙ XŘĖŜϙIĲČŘÍı – IXϙĺĲŜŪīťĖĲČϠϙ[[ ÍĲťÍϙĲÍϙ ŘĺĤôèťϙ Roles: ƅŜťôıϙĺĲƱČŪŘÍťĖĺĲϙ– aĺîĖƱèÍťĖĺĲŜϙÍĲîϙŪŕîÍťôŜϙċĺŘϙôƄĖŜťĖĲČϙĖŽĖèϙŕŕŜϙ ÍŜϙſôīīϙÍŜϙċŪīīϙèĺĲƱČŪŘÍťĖĺĲϙċĺŘϙĤŪŘĖŜîĖèťĖĺĲϙŜŕôèĖƱèϙŕŘĺèôŜŜôŜϟ ĖıĖīÍŘϙ ŘĺĤôèť Roles: FôŘıĺŜÍϙôÍèēϠϙ VŪŘŪŕÍϙ«ÍīīôƅϠϙ aôĲĖċôôϠϙ ÍŘÍîĖŜôϙ«ÍīīôƅϠϙ¾ ÍĲϙ"ĖıÍŜϠϙ ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙi ®ēĖťťĖôŘϠϙ ®ĺĺîĖĲŽĖīīôϠϙ® ´ĺŘæÍϙ[ĖĲîÍϠϙ City Council 13 – 115 10/1/2024 ĖƯÍĲƅϙXôŘĲ – IXϙĺĲŜŪīťĖĲČϠϙ[[ ÍĲťÍϙĲÍϙ ŘĺĤôèťϙ Roles: ƅŜťôıϙĺĲƱČŪŘÍťĖĺĲϙ– aĺîĖƱèÍťĖĺĲŜϙÍĲîϙŪŕîÍťôŜϙċĺŘϙôƄĖŜťĖĲČϙĖŽĖèϙŕŕŜϙ ÍŜϙſôīīϙÍŜϙċŪīīϙèĺĲƱČŪŘÍťĖĺĲϙċĺŘϙĤŪŘĖŜîĖèťĖĺĲϙŜŕôèĖƱèϙprocesses. ĖıĖīÍŘϙ ŘĺĤôèť Roles: ēĖĲĺϠϙ FŪĲťĖĲČťĺĲϙôÍèēϠϙ aĺĲťôŘôƅϙÍŘħϠϙ ÍŘÍîĖŜôϙ«ÍīīôƅϠϙ¾ ŘôŜèĺťťϙ«ÍīīôƅϠϙ¾ ÍĲťÍϙĺŜÍϠϙ ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙa" ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙi ®ôŜťϙÍèŘÍıôĲťĺϠϙ ®ēĖťťĖôŘϠϙ ´ĺŘæÍϙ[ĖĲîÍϠϙ ıæôŘϙĲîôŘŜĺĲ – IX ĺĲťŘÍèťϙťÍƯ ÍĲťÍϙĲÍϙ ŘĺĤôèt Roles: ƅŜťôıϙĺĲƱČŪŘÍťĖĺĲϙ– aĺîĖƱèÍťĖĺĲŜϙÍĲîϙŪŕîÍťôŜϙċĺŘϙôƄĖŜťĖĲČϙĖŽĖèϙŕŕŜϙ ÍŜϙſôīīϙÍŜϙċŪīīϙèĺĲƱČŪŘÍťĖĺĲϙċĺŘϙĤŪŘĖŜîĖèťĖĺĲϙŜŕôèĖƱèϙŕŘĺèôŜŜôŜϟ ŪťĺıÍťĖĺĲϙèŘĖŕťĖĲČϙ– VÍŽÍèŘĖŕťϙîôŽôīĺŕıôĲťϙťĺϙÍŪťĺıÍťôϙŕŘĺèôŜŜôŜϙċĺŘϙ ĤŪŘĖŜîĖèťĖĺĲŜϙŜŕôèĖƱèϙĲôôîŜϟ ĖıĖīÍŘϙ ŘĺĤôèť Roles ſĖťēϙ IX: ēĖĲĺϠϙ "ĺſĲôƅϠϙ FôŘıĺŜÍϙôÍèēϠϙ FŪĲťĖĲČťĺĲϙôÍèēϠϙ VŪŘŪŕÍϙ«ÍīīôƅϠϙ aôĲĖċôôϠϙ aĺĲťôŘôƅϙÍŘħϠϙ ÍŘÍîĖŜôϙ«ÍīīôƅϠϙ¾ īÍĲťÍťĖĺĲϠϙ>[ ŘôŜèĺťťϙ«ÍīīôƅϠϙ¾ ÍĲϙ"ĖıÍŜϠϙ ÍĲťÍϙĺŜÍϠϙ ĺĲĺıÍϙĺŪĲťƅϠϙ ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙa" ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙi ®ôŜťϙÍèŘÍıôĲťĺϠϙ ®ēĖťťĖôŘϠϙ ®ĺĺîĖĲŽĖīīôϠϙ® ´ĺŘæÍϙ[ĖĲîÍϠϙ City Council 13 – 116 10/1/2024 ÍŪīϙĺŜô – IXϙĺĲťŘÍèťϙťÍƯ ÍĲťÍϙĲÍϙ ŘĺĤôèťϙ Roles: èèôīÍϙ@IϙĺĲƱČŪŘÍťĖĺĲϙ– ĺĲƱČŪŘÍťĖĺĲϙĺċϙťēôϙĖĲťôČŘÍťĖĺĲϙæôťſôôĲϙÍĲťÍϙ ĲÍЍŜϙ@IϙŜƅŜťôıϙÍĲîϙĖŽĖèϙīÍťċĺŘıϟ ĖıĖīÍŘϙ ŘĺĤôèť Roles Accela Inc. * ēĖĲĺϠϙ FŪĲťĖĲČťĺĲϙôÍèēϠϙ VŪŘŪŕÍϙ«ÍīīôƅϠϙ ŘôŜèĺťťϙ«ÍīīôƅϠϙ¾ ÍĲťÍϙĺŜÍϠϙ ôıŕôϠϙ¾ ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙa" ®ÍŜēĖĲČťĺĲϙĺŪĲťƅϠϙi West ÍèŘÍıôĲťĺϠϙ ϪbĺťôϡϙÍŪīϙēÍŜϙƅôÍŘŜϙĺċϙôƄŕôŘĖôĲèôϙſĺŘħĖĲČϙſĖťēϙıŪīťĖŕīôϙĤŪŘĖŜîĖèťĖĺĲŜϙas ÍĲϙèèôīÍϙôıŕīĺƅôôϙċĺŘϙæĺťēϙċŪīīϙèĺĲƱČŪŘÍťĖĺĲϙÍĲîϙťŘÍĖĲĖĲČϙĺĲϙť ēôϙ@Iϙ tool. Gray Quarter ŕôèĖƱèϙťÍƯϙôŜĺŪŘèôŜϙēÍŽôϙĲĺťϙæôôĲϙassigned ÍťϙťēĖŜϙťĖıôϙæŪťϙſĺŪīîϙæôϙĺĲôϙĺċϙťēôϙ ċĺīīĺſĖĲČϡ XôīīƅϙVÍŘÍıĖīīĺϠϙÍīϙ@ŪôŘŘôŘĺϠϙîÍıϙèĺťťϠϙŘÍĲîĺĲϙÍŜĖīϠϙ[ƅĲĲϙ ŪČŪť ÍĲťÍϙĲÍϙ ŘĺĤôèťϙ Roles: Data Conversion – ĺĲŽôŘŜĖĺĲϙĺċϙîÍťÍϙċŘĺıϙôƄĖŜťĖĲČϙÍĲťÍϙĲÍϙŘĺŕôŘťƅϙ IĲċĺŘıÍťĖĺĲϙbôťſĺŘħϙŜƅŜťôıϙťĺϙèèôīÍЍŜϙĖŽĖèϙīÍťċĺŘıϙŜƅŜťôı ĖıĖīÍŘϙ ŘĺĤôèť Roles: īÍŘħϙĺŪĲťƅϠϙb« >ÍĖŘċÍƄϙĺŪĲťƅϠϙ« ŪƯĺīħϙĺŪĲťƅϠϙb´ FŪĲťĖĲČťĺĲϙôÍèēϠϙ Gray Quarter ŕôèĖƱèϙťÍƯϙôŜĺŪŘèôŜϙēÍŽôϙĲĺťϙæôôĲϙassigned ÍťϙťēĖŜϙťĖıôϙæŪťϙſĺŪīîϙæôϙĺĲôϙĺċϙťēôϙ ċĺīīĺſĖĲČϡϙXôīīƅϙVÍŘÍıĖīīĺϠϙÍīϙ@ŪôŘŘôŘĺϠϙîÍıϙèĺťťϠϙŘÍĲîĺĲϙÍŜĖīϠϙ[ƅĲĲϙŪČŪť ÍĲťÍϙĲÍϙ ŘĺĤôèťϙ Roles: Integrations – iNovah CashiôŘĖĲČϠϙIĲċĺŘϙ>ĖĲÍĲèĖÍīŜϠϙŪŜĖĲôŜŜϙÍƄϙƅŜťôıϠϙ (ϙϼ[ÍſŜĺĲϽϠϙ[ÍŜôŘƱèēôϠϙÍĲîϙ[ϙIntegrations. ĖıĖīÍŘϙ ŘĺĤôèť Roles: ĲÍēôĖıϠϙ aĺŘôĲĺϙ«ÍīīôƅϠϙ (ÍŜťŽÍīôϠϙ ÍĲťÍϙÍŘæÍŘÍϙĺŪĲťƅϠϙ ÍĲťÍϙīÍŘĖťÍϠϙ City Council 13 – 117 10/1/2024 ͑ϟ ôŘϙťēôϙèīÍŘĖƱèÍťĖĺĲϙŘôŗŪôŜťϠϙťēôϙĖťƅϙĖŜϙŜôôħĖĲČϙŘĺŕĺŜôŘŜϙſĖťēϙŜŕôèĖƱèϙôƄŕôŘĖôĲèôϙſĖťēϙŜĖıĖīÍŘϙ ĖıŕīôıôĲťÍťĖĺĲŜϙÍŜϙſôīīϙÍŜϙôƄŕôŘĖôĲèôϙſĖťēϙsimilar ŜĖƏôîϙÍīĖċĺŘĲĖÍϙÍČôĲèĖôŜϠϙŕÍŘťĖèŪīÍŘīƅϙťēĺŜôϙ ĖĲϙiŘÍĲČôϙĺŪĲťƅϟ A. IKC èĺĲƱŘıŜϙťēÍťϙſôϙēÍŽôϙťēôϙÍæĖīĖťƅϙťĺϙÍèèôŜŜϙÍϙèĺĲƱČŪŘôîϙôĲŽĖŘĺĲıôĲťϙċŘĺıϙÍϙŜĖıĖīÍŘϙ California Accela Civic Platform ĖıŕīôıôĲťÍťĖĺĲϙťēÍťϙēÍŜϙÍīīϙŕŘĺèôŜŜôŜϙÍŽÍĖīÍæīôϙĺĲϙīĖĲôϟϙϙ ϟ We have ŘôŗŪôŜťôîϙÍĲîϙŘôèôĖŽôîϙŕôŘıĖŜŜĖĺĲϙċŘĺıϙæĺťēϙFŪĲťĖĲČťĺĲϙôÍèēϠϙϙÍĲîϙēĖĲĺϠϙ CA to demonstrate their ŕŘĺèôŜŜôŜϟϙϙFŪĲťĖĲČťĺĲϙôÍèēϠϙϙĖŜϙſĖťēĖĲϙťēôϙiŘÍĲČôϙĺŪĲťƅϙ ÍŘôÍϠϙſēĖīôϙēĖĲĺϠϙϙĖŜϙĖĲϙťēôϙÍĲϙôŘĲÍŘîĖĲĺϙĺŪĲťƅϙÍŘôÍϟϙϙ®ô ϙēÍŽôϙŜôŽôŘÍīϙĺťēôŘϙ jurisdictions that have given us permission in the past to demonstrate their implementations and we could providôϙťēôıϙĖċϙŘôŗŪôŜťôîϟϙϙFŪĲťĖĲČťĺĲϙôÍèēϙÍĲîϙēĖĲĺϙ ēÍŽôϙ îôŕÍŘťıôĲťϙ ŜťŘŪèťŪŘôŜϙ ŜĖıĖīÍŘϙ ťĺϙ ťēĺŜôϙ ĖîôĲťĖƱôîϙ ĖĲϙ ťēôϙ ÍĲťÍϙ ĲÍϙ >Ϡϙ ſĖťēϙ èĺıŕÍŘÍæīôϙŘôèĺŘîϙťƅŕôŜϟϙîîĖťĖĺĲÍīīƅϠϙæĺťēϙèĖťĖes maintain jurisdiction-ŜŕôèĖƱèϙŘôèĺŘîϙ ťƅŕôŜϙťÍĖīĺŘôîϙťĺϙťēôĖŘϙŪĲĖŗŪôϙĲôôîŜϟ 3.ôŘϙ ťēôϙ èīÍŘĖƱèÍťĖĺĲϙ ŘôŗŪôŜťϠϙ ťēôϙ Ėťƅϙ îôŜĖŘôŜϙ Íϙ ıĺŘôϙ ÍČĖīôϯĖťôŘÍťĖŽôϙ ÍŕŕŘĺÍèēϙ ťĺϙ ÍĲÍīƅŜĖŜϠϙ èĺĲƱČŪŘÍťĖĺĲϙÍĲîϙťôŜťĖĲČϙÍŜϙĺŕŕĺŜôîϙťĺϙÍϙſÍťôŘċÍīīϙıôťēĺîĺīĺČƅϟ A. Following an agile approachϠ IKC ŕŘĺŕĺŜôŜϙťēôϙċĺīīĺſĖĲČϙŪŕîÍťôîϙŘĺĤôèťϙīÍĲϟϙϙēĖŜϙŕīÍĲϙ incorporates ŜôŽôĲϙϼ͖Ͻϙ sŕŘĖĲťŜϙċĺŘϙťēôϙŕŘĺĤôèťϟϙϙēôϙŘĺĤôèťϙaÍĲÍČôŘϙſĖīīϙſĺŘħϙſĖťēϙŜťÍƯϙ îŪŘĖĲČϙŕŘĺĤôèťϙħĖèħĺƯϙťĺϙîôťôŘıĖĲôϙťēôϙıĺŜťϙôƯôèťĖŽôϙæŘôÍħîĺſĲϙĺċϙŕŘĺèôŜŜôŜϙſĖťēĖĲϙťēôϙ sprints. ēôŜôϙŜŕŘĖĲťϙŜťÍŘťŜϙÍŘôϙŜťÍČČôŘôîϠϙÍĲîϙſĖīīϙŘŪĲϙĖĲϙŕÍŘÍīīôīϙťĺϙŘôîŪèôϙŕŘĺĤôèťϙîôīÍƅŜϟ ϟ IXϙēÍŜϙèŘôÍťôîϙÍϙċŪīīϙŕŘĺĤôèťϙŕīÍĲϙŪťĖīĖƏĖĲČϙťēôϙÍČĖīôϙÍŕŕŘĺÍèēϠϙŜôôϙŕŕôĲîĖƄϙϟ C.ēĖŜϙÍŕŕŘĺÍèēϙĖŜϙÍèèôŕťÍæīôϙťĺϙIXϟ D.ŕîÍťôîϙŕŘĺĤôèťϙŕīÍĲϙĖťôıŜ i.ôŜťϙèŘĖŕťŜϙ – IKC will develop test script èēôèħīĖŜťŜϙċĺŘϙôÍèēϙŕŘĺèôŜŜϙſēĖèēϙſĖīīϙ include ŽÍŘĖÍťĖĺĲŜϙĺċϙÍīīϙŜŕôèĖƱèϙÍŪťĺıÍťĖĺĲŜϙĖĲèĺŘŕĺŘÍťôîϙċĺŘϙôÍèēϙŕŘĺèôŜŜϙÍĲîϙ ſĖīīϙıÍťèēϙťēôϙĺŽôŘÍīīϙèĺĲƱČŪŘÍťĖĺĲϙîĺèŪıôĲťÍťĖĺĲϟϙϙŕôèĖƱèϙŪŜôϙèÍŜôϙŜèôĲÍŘĖĺŜϙ ſĖīīϙæôϙĖĲèĺŘŕĺŘÍťôîϠϙſĖťēϙĖĲŕŪťϙċŘĺıϙŜťÍƯϙîŪŘĖĲČϙťēôϙÍĲÍīƅŜĖŜϙ ŕŘĺèôŜŜϠϙťĺϙôĲŜŪŘôϙ well rounded testing prior to go-live. ii.iĲ-ĖťôϙŘôŜôĲèô – ēôϙťŘÍŽôīϙæŪîČôťϙēÍŜϙæôôĲϙŪŕîÍťôîϙťĺϙĖĲèĺŘŕĺŘÍťôϙĺĲŜĖťôϙ ŘôŜĺŪŘèôŜϙċĺŘϙÍīīϙÍĲÍīƅŜĖŜϙŜôŜŜĖĺĲŜϠϙèĺĲƱČŪŘÍťĖĺĲϙŘôŽĖôſŜϠϙťôŜťĖĲČϙŘôŽĖôſŜϙċĺŘϙôÍèēϙ ŜŕŘĖĲťϙ ÍĲîϙ ťôŜťϙ îĺèŪıôĲťÍťĖĺĲϟϙ ϙ ôôϙ the included ÍĲťÍϙ ĲÍϙ – Price ēôôť϶IX϶ôŽĖŜôîϙŜŕŘôÍîŜēôôť ċĺŘϙŪŕîÍťôîϙťŘÍŽôīϙæŪîČôťϟ iii.aŪīťĖ-Phased Approach – IKC will ensure that the project is carefully structured to ÍīĖČĲϙſĖťēϙťēôϙťſĺϙŜŕôèĖƱèϙŕēÍŜôŜϙÍŜϙŘôŗŪôŜťôîϙæƅϙťēôϙĖťƅϠϙÍīīĺſĖĲČϙċĺŘϙÍϙèīôÍŘϙ and organized progression at each phase. x ēÍŜôϙ͐ϙîôťÍĖīôîϙŕŘĺĤôèťϙŕīÍĲϙĖŜϙÍťťÍèēôîϙÍŜϙŕŕôĲîĖƄϙϟ x ēÍŜôϙ ͑ϙ ŘôèĺııôĲîÍťĖĺĲŜϙ èÍĲϙ æôϙ ċĺŪĲîϙ ĺĲϙ ťēôϙ ÍĲťÍϙ ĲÍϙ – Price ēôôť϶IX϶ôŽĖŜôîϙŜŕŘôÍîŜēôôťϟ City Council 13 – 118 10/1/2024 iv.IXϙèĺĲƱŘıŜϙťēÍťϙſôϙèÍĲϙŕŘĺŽĖîôϙ all identiƱôîϙŕŘĺĤôèťϙŕīÍĲϙèēÍĲČôŜϙĖĲèīŪîĖĲČϡϙ ôŜťϙèŘĖŕťŜϠϙîîĖťĖĺĲÍīϙiĲŜĖťôϙŘôŜôĲèôϠϙēÍŜôϙ͐ϙĖĲĖťĖÍīϙgo-live rôŗŪĖŘôıôĲťŜϙÍĲîϙ ēÍŜôϙ͑ϙpost go-īĖŽôϙŘôŗŪĖŘôıôĲťŜϙas part of any awarded contract. IXϙ ĺĲŜŪīťĖĲČϙ ŜťÍƯϙ æŘĖĲČs ĺŽôŘϙ ͔͑ϙ ƅôÍŘŜϙ ĺċϙ ôƄŕôŘĖôĲèôϙ ĖĲϙ ĖıŕīôıôĲťĖĲČϙ ÍĲîϙ managing Accela systems across various jurisdictions. Implementation services ĖĲèīŪîôϡϙŕŘĺĤôèťϙıÍĲÍČôıôĲťϠϙæŪŜĖĲôŜŜϙŕŘĺèôŜŜϙÍĲÍīƅŜĖŜϠϙŜƅŜťôıϙîôŽôīĺŕıôĲťϠϙ ıĖČŘÍťĖĺĲϠϙťŘÍĖĲĖĲČϠϙŘôŕĺŘťϙſŘĖťĖĲČϠϙÍĲîϙÍîıĖĲĖŜťŘÍťĖĺĲϙĺċϙīÍĲîϙîôŽôīĺŕıôĲťϠϙÍŜŜôťϙ management and licensing software. ĖĲèôϙĺŪŘϙċĺŪĲîĖĲČϠϙIXϙĺĲŜŪīťĖĲČϠϙ[[ϙēÍŜϙŜŪŕŕĺŘťôîϙÍŘĺŪĲîϙ͔͏ϙĤŪŘĖŜîĖèťĖĺĲŜϙĺĲϙ īôČÍèƅϙŕŘĺîŪèťŜϟϙĖĲèôϙ͑͏͐0ϠϙſôϙēÍŽôϙŜŪèèôŜŜċŪīīƅϙıĖČŘÍťôîϙĺŘϙĖıŕīôıôĲťôîϙťēôϙ Accela Civic Platform in numerous ĤŪŘĖŜîĖèťĖĺĲŜϟϙîîĖťĖĺĲÍīīƅϠϙſôϙēÍŽôϙŕÍŘťĲôŘôîϙ ſĖťēϙèèôīÍϠϙIĲèϟϙťĺϙŕŘĺŽĖîôϙÍŪČıôĲťÍťĖĺĲϙŜôŘŽĖèôŜϙÍĲîϙēÍŽôϙîĖŘôèťīƅϙèĺĲťŘÍèťôîϙ ſĖťēϙ ĲôÍŘīƅϙ ͑͏͏ϙ ĤŪŘĖŜîĖèťĖĺĲŜϙ ťĺϙ îôīĖŽôŘϙ èĺıŕŘôēôĲŜĖŽôϙ ŜŪŕŕĺŘťϠϙ ĖĲèīŪîĖĲČϙ ŘôŕĺŘťĖĲČϠϙèĺĲƱČŪŘÍťĖĺĲϠϙŜèŘĖŕťĖĲČϠϙÍĲîϙťŘÍĖĲĖĲČ. ēôϙîôťÍĖīôîϙŕŘĺĤôèťϙŕīÍĲϙċĺŘϙēÍŜôϙ͐ϙĖŜϙÍťťÍèēôîϙÍŜϙŕŕôĲîĖƄϙϙÍĲîϙťēôϙŘôŽĖŜôîϙ èĺŜťϙ ŕŘĺŕĺŜÍīϙ ĖŜϙ ÍīŜĺϙ ĖĲèīŪîôŜϙ ÍŜϙ ťēôϙ ÍĲťÍϙ ĲÍϙ – ŘĖèôϙ ēôôť϶IX϶ôŽĖŜôîϙ spreadsheet. 4.ôŘϙťēôϙèīÍŘĖƱèÍťĖĺĲϙŘôŗŪôŜťϠϙťēôϙĖťƅϙŘôŗŪôŜťŜϙťēô ŘĺŕĺŜôŘϙťĺϙîôŜèŘĖæôϙťēôĖŘϙťŘÍĖĲĖĲČϙŕīÍĲϙťĺϙ ensure the City is prepared to operation the system prior to go-live. A. IKC ĺƯôŘŜϙŜôŽôŘÍīϙťŘÍĖĲĖĲČϙèīÍŜŜôŜϙċĺŘϙîıĖĲĖŜťŘÍťĺŘŜϠϙôŕĺŘťϙ®ŘĖťôŘŜϙÍĲîϙ(ĲîϙŜôŘŜϟϙϙ>ĺŘϙ the implementation of Civic PlatformϠ we recommend all of the following training classes ťĺϙēôīŕϙťēôϙĤŪŘĖŜîĖèťĖĺĲϙťôÍıŜϙîôŽôīĺŕϙťēôϙĲôèôŜŜÍŘƅϙħĲĺſīôîČôϠϙŜħĖīīŜϙÍĲîϙèĺıŕôťôĲèĖôŜϙ to utilize and manage the Civic Platform. [ôÍŘĲĖĲČϙĺæĤôèťĖŽôŜϙÍĲîϙťÍŘČôťϙŜťÍƯϙċĺŘϙ each èīÍŜŜϙæôīĺſ èÍĲϙæôϙċĺŪĲîϙĖĲϙťēôϙÍťťÍèēôîϙŕŕôĲîĖƄϙ. "aIbIiϙIbIb@ Class Duration aÍƄϙīÍŜŜϙĖƏô ĺŘôϙôÍı ͑ϙ"ÍƅŜ ͐͑ Civic Platform Administrator 3 Days ͐͑ ĖŽĖèϙīÍťċĺŘıϙŜôŘϙ(ƄŕôŘĖôĲèô ͑ϙ"ÍƅŜ ͐͑ (a(ϙÍŜĖèŜ 1 Day 6 Citizen Access Administrator 1 Day ͐͑ @IϙîıĖĲ ½ Day ͐͑ (iϙ®I(ϙIbIb@ Class Duration aÍƄϙīÍŜŜϙĖƏô ôŕĺŘťϙŘÍĖĲĖĲČϙ®ĺŘħŜēĺŕ 4 Days 6 (b"ϙ(ϙIbIb@ Class Duration aÍƄϙīÍŜŜϙĖƏô ĺŘôϙôÍıϙŘÍĖĲĖĲČ ͑ϙ"ÍƅŜ ͐͑ (ĲîϙŜôŘϙŘÍĖĲĖĲČ (10 classes) ͐ϟ͔ϙ"ÍƅŜ 1͔ City Council 13 – 119 10/1/2024 ϟ Accela Free Courses to consider èèôīÍϙĺƯôŘŜϙŜôŽôŘÍīϙċŘôôϙĺĲīĖĲôϙèĺŪŘŜôŜϙċĺŘϙæĺťēϙ(nd sers and Administrators. For this ĖĲĖťĖÍīϙ ĖıŕīôıôĲťÍťĖĺĲϙ ſôϙ æôīĖôŽôϙ ťēôϙ ıĺŜťϙ ôƯôèťĖŽôϙ ťŘÍĖĲĖĲČϙ ĺŕťĖĺĲŜϙ ſĖīīϙ æôϙ ŽĖÍϙ ťēôϙ ťŘÍĖĲĖĲČϙŜèēôîŪīôϙÍæĺŽôϙſēĖèēϙĖŜϙċĺèŪŜôîϙĺĲϙƅĺŪŘϙĤŪŘĖŜîĖèťĖĺĲЍŜϙŜŕôèĖƱèϙèĺĲƱČŪŘÍťĖĺĲϟϙϙ Post go-īĖŽôϙťēôŜôϙċŘôôϙèèôīÍϙèĺŪŘŜôŜϙſĖīīϙæôϙÍϙČŘôÍťϙťĺĺīϙċĺŘϙæŘĖĲČĖĲČϙĲôſϙŜťÍƯϙŪŕϙťĺϙ speed. Key courseŜϙťēÍťϙIXϙſĺŪīîϙŘôèĺııôĲîϙċĺŘϙĲôſϙƅŜťôıϙîıĖĲĖŜťŘÍťĺŘŜϙÍŘôϡ iƄƅČôĲϙŜôŘϙIĲťôŘċÍèôϙ(Ĳî-ŪŜôŘϙŘÍĖĲĖĲČ ĖŽĖèϙīÍťċĺŘıϙÍŜĖèŜ Civic īÍťċĺŘıϡϙ®ĺŘħĖĲČϙſĖťēϙôèĺŘîŜ ēôϙiƄƅČôĲϙŜôŘϙIĲťôŘċÍèôϠϙĲϙîıĖĲŜϙôŘŜŕôèťĖŽô èèôīÍϙbôſϙôīôÍŜôϙŘÍĖĲĖĲČ Key courses ťēÍťϙIXϙſĺŪīîϙŘôèĺııôĲîϙċĺŘϙĲôſϙ(ĲîϙŜôŘŜϙÍŘôϡ iƄƅČôĲϙŜôŘϙIĲťôŘċÍèôϙ(Ĳî-ŪŜôŘϙŘÍĖĲĖĲČ ĖŽĖèϙīÍťċĺŘıϙÍŜĖèŜ ĖŽĖèϙīÍťċĺŘıϡϙ®ĺŘħĖĲČϙſĖťēϙôèĺŘîŜ C.èèôīÍϙϙÍĖîϙĺŪŘŜôŜϙťĺϙèĺĲŜĖîôŘ Accela provides a wide range of highly ôƯôèťĖŽôϙŕÍĖîϙèĺŪŘŜôŜϙŽĖÍϙèèôīÍϙϠϙıÍĲƅϙĺċϙſēĖèē ÍŘôϙÍīŜĺϙÍŽÍĖīÍæīôϙťēŘĺŪČē IKC. We recommend considering the following two coursesϡ Ad Hoc Reports – IîôÍīϙċĺŘϙæĺťēϙ(nd sers and AîıĖĲĖŜťŘÍťĺŘŜϠϙťēĖŜϙèĺŪŘŜôϙôıŕĺſôŘŜϙ ŕÍŘťĖèĖŕÍĲťŜϙ ťĺϙ èŘôÍťôϙ ŘôŕĺŘťŜϙ ŗŪĖèħīƅϙ ÍĲîϙ ôƯĖèĖôĲťīƅϙ ſĖťēĺŪťϙ ĲôôîĖĲČϙ[ϙŗŪôŘƅϙ ôƄŕôŘĖôĲèô. Accela Insights Administration – Designed for AdministratorsϠ ťēĖŜϙèĺŪŘŜôϙĺƯôŘŜϙÍĲϙĖĲ- îôŕťēϙ ŪĲîôŘŜťÍĲîĖĲČϙ ĺċϙ ťēôϙ èĺĲƱČŪŘÍťĖĺĲϙ ÍĲîϙ ıÍĲÍČôıôĲťϙ ĺċϙ ťēôϙ èèôīÍϙ IĲŜĖČēťŜϙ reporting tool. IXϙÍČÍĖĲϙÍŕŕŘôèĖÍťôŜϙťēôϙĺŕŕĺŘťŪĲĖťƅϙťĺϙæôϙèĺĲŜĖîôŘôîϙċĺŘϙÍĲťÍϙĲÍЍŜϙôŗŪôŜťϙċĺŘϙŘĺŕĺŜÍīϟϙϙIċϙſôϙ èÍĲϙæôϙĺċϙÍĲƅϙċŪŘťēôŘϙÍŜŜĖŜťÍĲèôϠϙĺŘϙĖċϙƅĺŪϙēÍŽôϙÍĲƅϙÍîîĖťĖĺĲÍīϙŗŪôŜťĖĺĲŜϠϙŕīôÍŜôϙîĺϙĲĺťϙēôŜĖťÍťôϙťĺϙ reach out. ĖĲèôŘôīƅϠ aôīĖŜŜÍϙXôŘĲ aÍĲÍČĖĲČϙÍŘťĲôŘ IXϙĺĲŜŪīťĖĲČϠϙ[[ City Council 13 – 120 10/1/2024 ID Task Name On Site Duration Start Finish 1 Santa Ana Implementation 417 days Mon 09/30/24 Fri 05/01/26 2 Project Initialization 25 days Mon 09/30/24 Fri 11/01/24 3 Core Team Definition & Schedule 10 days Mon 09/30/24 Fri 10/11/24 4 Kick Off Presentation Yes 1 day Mon 10/14/24 Mon 10/14/24 5 Provision Environment / Activate Modules 10 days Mon 10/21/24 Fri 11/01/24 6 To-Be Analysis 116 days Thu 10/17/24 Thu 03/27/25 7 Analysis Layout Yes 2 days Thu 10/17/24 Fri 10/18/24 8 Analysis Session - Sprint 1 Yes 4 days Mon 11/04/24 Thu 11/07/24 9 Analysis Session - Sprint 2 Yes 4 days Mon 12/02/24 Thu 12/05/24 10 Analysis Session - Sprint 3 Yes 4 days Mon 12/16/24 Thu 12/19/24 11 Analysis Session - Sprint 4 Yes 4 days Mon 01/06/25 Thu 01/09/25 12 Analysis Session - Sprint 5 Yes 4 days Mon 01/27/25 Thu 01/30/25 13 Analysis Session - Sprint 6 Yes 4 days Mon 02/24/25 Thu 02/27/25 14 Analysis Session - Sprint 7 Yes 4 days Mon 03/24/25 Thu 03/27/25 15 Configuration / GAP Documention 121 days Fri 11/08/24 Fri 04/25/25 16 Finalization - Sprint 1 16 days Fri 11/08/24 Fri 11/29/24 17 Acceptance - Sprint 1 (25 Processes)5 days Mon 12/02/24 Fri 12/06/24 18 Finalization - Sprint 2 16 days Fri 12/06/24 Fri 12/27/24 19 Acceptance - Sprint 2 (25 Processes)5 days Mon 12/30/24 Fri 01/03/25 20 Finalization - Sprint 3 16 days Fri 12/20/24 Fri 01/10/25 21 Acceptance - Sprint 3 (25 Processes)5 days Mon 01/13/25 Fri 01/17/25 22 Finalization - Sprint 4 16 days Fri 01/10/25 Fri 01/31/25 23 Acceptance - Sprint 4 (25 Processes)5 days Mon 02/03/25 Fri 02/07/25 24 Finalization - Sprint 5 16 days Fri 01/31/25 Fri 02/21/25 25 Acceptance - Sprint 5 (25 Processes)5 days Mon 02/24/25 Fri 02/28/25 26 Finalization - Sprint 6 16 days Fri 02/28/25 Fri 03/21/25 27 Acceptance - Sprint 6 (25 Processes)5 days Mon 03/24/25 Fri 03/28/25 28 Finalization - Sprint 7 16 days Fri 03/28/25 Fri 04/18/25 29 Acceptance - Sprint 7 (25 Processes)5 days Mon 04/21/25 Fri 04/25/25 30 Civic Application Updates / New Record Build 125 days Mon 12/09/24 Fri 05/30/25 31 Sprint 1 25 days Mon 12/09/24 Fri 01/10/25 32 Record Updates / Development 15 days Mon 12/09/24 Fri 12/27/24 33 Configuration Testing Yes 4 days Mon 12/30/24 Thu 01/02/25 34 Acceptance 6 days Fri 01/03/25 Fri 01/10/25 35 Sprint 2 25 days Mon 01/06/25 Fri 02/07/25 36 Record Updates / Development 15 days Mon 01/06/25 Fri 01/24/25 37 Configuration Testing Yes 4 days Mon 01/27/25 Thu 01/30/25 38 Acceptance 6 days Fri 01/31/25 Fri 02/07/25 39 Sprint 3 25 days Mon 01/20/25 Fri 02/21/25 40 Record Updates / Development 15 days Mon 01/20/25 Fri 02/07/25 41 Configuration Testing Yes 4 days Mon 02/10/25 Thu 02/13/25 42 Acceptance 6 days Fri 02/14/25 Fri 02/21/25 Task Split Milestone Summary Project Summary External Tasks External Milestone Inactive Task Progress Deadline Page 1 Project: Project2 Date: Sun 08/18/24 Appendix A City Council 13 – 121 10/1/2024 ID Task Name On Site Duration Start Finish 43 Sprint 4 25 days Mon 02/10/25 Fri 03/14/25 44 Record Updates / Development 15 days Mon 02/10/25 Fri 02/28/25 45 Configuration Testing Yes 4 days Mon 03/03/25 Thu 03/06/25 46 Acceptance 6 days Fri 03/07/25 Fri 03/14/25 47 Sprint 5 25 days Mon 03/03/25 Fri 04/04/25 48 Record Updates / Development 15 days Mon 03/03/25 Fri 03/21/25 49 Configuration Testing Yes 4 days Mon 03/24/25 Thu 03/27/25 50 Acceptance 6 days Fri 03/28/25 Fri 04/04/25 51 Sprint 6 25 days Mon 03/31/25 Fri 05/02/25 52 Record Updates / Development 15 days Mon 03/31/25 Fri 04/18/25 53 Configuration Testing Yes 4 days Mon 04/21/25 Thu 04/24/25 54 Acceptance 6 days Fri 04/25/25 Fri 05/02/25 55 Sprint 7 24 days Mon 04/28/25 Thu 05/29/25 56 Record Updates / Development 15 days Mon 04/28/25 Fri 05/16/25 57 Configuration Testing Yes 4 days Mon 05/19/25 Thu 05/22/25 58 Acceptance 5 days Fri 05/23/25 Thu 05/29/25 59 Configuration Acceptance 1 day Fri 05/30/25 Fri 05/30/25 60 Build / Conversions / Interfaces 255 days Mon 12/02/24 Fri 11/21/25 61 APO Data Conversion / XAPO 60 days Mon 12/09/24 Fri 02/28/25 62 Development 50 days Mon 12/16/24 Fri 02/21/25 63 Analysis 20 days Mon 12/16/24 Fri 01/10/25 64 Conversion / Configuration 20 days Mon 01/13/25 Fri 02/07/25 65 Conversion Testing 10 days Mon 02/10/25 Fri 02/21/25 66 Conversion Acceptance 5 days Mon 02/24/25 Fri 02/28/25 67 Licensed Professional Conversion / CSLB 55 days Mon 12/09/24 Fri 02/21/25 68 Development 50 days Mon 12/09/24 Fri 02/14/25 69 Analysis 20 days Mon 12/09/24 Fri 01/03/25 70 Conversion / Integration 20 days Mon 01/06/25 Fri 01/31/25 71 Conversion Testing 10 days Mon 02/03/25 Fri 02/14/25 72 Conversion Acceptance 5 days Mon 02/17/25 Fri 02/21/25 73 Legacy Data Conversion 85 days Mon 06/02/25 Fri 09/26/25 74 Data Mapping 30 days Mon 06/02/25 Fri 07/11/25 75 First Pass 20 days Mon 07/14/25 Fri 08/08/25 76 Mapping Review / Script Modification 5 days Mon 07/14/25 Fri 07/18/25 77 Conversion Testing 15 days Mon 07/21/25 Fri 08/08/25 78 Second Pass (as needed)15 days Mon 08/11/25 Fri 08/29/25 79 Mapping Review / Script Modification 5 days Mon 08/11/25 Fri 08/15/25 80 Conversion Testing 10 days Mon 08/18/25 Fri 08/29/25 81 Third Pass (as needed)15 days Mon 09/01/25 Fri 09/19/25 82 Mapping Review / Script Modification 5 days Mon 09/01/25 Fri 09/05/25 83 Conversion Testing 10 days Mon 09/08/25 Fri 09/19/25 84 Conversion Acceptance 5 days Mon 09/22/25 Fri 09/26/25 Task Split Milestone Summary Project Summary External Tasks External Milestone Inactive Task Progress Deadline Page 2 Project: Project2 Date: Sun 08/18/24 City Council 13 – 122 10/1/2024 ID Task Name On Site Duration Start Finish 85 EMSE 85 days Mon 03/31/25 Fri 07/25/25 86 Analysis 25 days Mon 03/31/25 Fri 05/02/25 87 Development 45 days Mon 05/05/25 Fri 07/04/25 88 Acceptance 15 days Mon 07/07/25 Fri 07/25/25 89 Report Development 130 days Mon 02/03/25 Fri 08/01/25 90 Analysis 40 days Mon 02/03/25 Fri 03/28/25 91 Development 75 days Mon 03/31/25 Fri 07/11/25 92 Acceptance 15 days Mon 07/14/25 Fri 08/01/25 93 GIS Configuration 40 days Mon 12/02/24 Fri 01/24/25 94 Configuration 30 days Mon 12/02/24 Fri 01/10/25 95 Acceptance 10 days Mon 01/13/25 Fri 01/24/25 96 Citizen Access Development 125 days Mon 06/02/25 Fri 11/21/25 97 Configuration 115 days Mon 06/02/25 Fri 11/07/25 98 Acceptance 10 days Mon 11/10/25 Fri 11/21/25 99 Interface Development 150 days Mon 02/03/25 Fri 08/29/25 100 Analysis 40 days Mon 02/03/25 Fri 03/28/25 101 Configuration / Script Development 90 days Mon 03/31/25 Fri 08/01/25 102 Acceptance 20 days Mon 08/04/25 Fri 08/29/25 103 Readiness 390 days Tue 10/15/24 Thu 04/09/26 104 Training 390 days Tue 10/15/24 Thu 04/09/26 105 End User Training 354 days Tue 10/15/24 Fri 02/20/26 106 Core Team Training - 2 Day Yes 2 days Tue 10/15/24 Wed 10/16/24 107 Daily User Training - 1.5 Days (10 Classes)Yes 15 days Mon 02/02/26 Fri 02/20/26 108 Admin Training 316 days Mon 01/27/25 Thu 04/09/26 109 Administrator Training - 3 Days Yes 3 days Mon 06/16/25 Wed 06/18/25 110 EMSE Training - 1 Day Yes 1 day Thu 04/09/26 Thu 04/09/26 111 Reports Workshop - 4 Days Yes 4 days Mon 05/12/25 Thu 05/15/25 112 GIS Administration Training - 1/2 Day TBD 1 day Mon 01/27/25 Mon 01/27/25 113 ACA Administration Training - 1 Day Yes 1 day Wed 04/08/26 Wed 04/08/26 114 User Experience Administration Training - 2 Days Yes 2 days Mon 04/06/26 Tue 04/07/26 115 User Acceptance Testing 129 days Mon 09/08/25 Thu 03/05/26 116 User Acceptance Test Plan 15 days Mon 09/08/25 Fri 09/26/25 117 User Acceptance Testing - Sprint 1 Yes 4 days Mon 09/29/25 Thu 10/02/25 118 User Acceptance Testing - Sprint 2 Yes 4 days Mon 10/20/25 Thu 10/23/25 119 User Acceptance Testing - Sprint 3 Yes 4 days Mon 11/10/25 Thu 11/13/25 120 User Acceptance Testing - Sprint 4 Yes 4 days Mon 12/01/25 Thu 12/04/25 121 User Acceptance Testing - Sprint 5 Yes 4 days Mon 12/15/25 Thu 12/18/25 122 User Acceptance Testing - Sprint 6 Yes 4 days Mon 01/05/26 Thu 01/08/26 123 User Acceptance Testing - Sprint 7 Yes 4 days Mon 01/26/26 Thu 01/29/26 124 Off-Site Support/UAT 110 days Fri 10/03/25 Thu 03/05/26 125 Go Live 47 days Mon 02/23/26 Fri 04/24/26 126 Configuration Push to PROD 5 days Mon 02/23/26 Fri 02/27/26 Task Split Milestone Summary Project Summary External Tasks External Milestone Inactive Task Progress Deadline Page 3 Project: Project2 Date: Sun 08/18/24 City Council 13 – 123 10/1/2024 ID Task Name On Site Duration Start Finish 127 Final Conversion of Legacy Data 2 days Sat 03/21/26 Sun 03/22/26 128 On-Site Support Yes 5 days Mon 03/23/26 Fri 03/27/26 129 Off-Site Support 20 days Mon 03/30/26 Fri 04/24/26 130 Customer Resource Handover 5 days Mon 04/27/26 Fri 05/01/26 131 Final Acceptance 4 days Mon 04/27/26 Thu 04/30/26 132 Project Close - Start Ongoing Maintenance 1 day Fri 05/01/26 Fri 05/01/26 Task Split Milestone Summary Project Summary External Tasks External Milestone Inactive Task Progress Deadline Page 4 Project: Project2 Date: Sun 08/18/24 City Council 13 – 124 10/1/2024 Appendix BTraining Target Staff Duration Max. Class SizeProject Core Team 2 days 12System Administrators 3 days 12System Administrators 2 days 12System Administrators 1 6System Administrators 1/2 day 12System Administrators 1 12AGIS AdminCivic Platform User ExperienceThis training is on the AGIS Admin Integration software. Attendees will learn how to navigate AGIS Admin for troubleshooting, refreshing services and adding new services and/or layers to Civic Platform. This training will also cover some basics of an external Address/Parcel/Owner setup (aka XAPO) for agencies who choose this option during system configuration and setup.This is training on system administration as it related to user experience and security. Attendees will learn how to utilize the form layout editors, configure consoles, implement additional security controls, setup calendars, templates and more.This training includes an overview of the Event Manager and Script Engine (EMSE), triggers, functions, controls, variables, debugging and available documentation overviewThis training is on Administering the Citizen Access (ACA) (customer portal) system. Attendees will learn how to develop online processes and make them available to constituents. EMSE BasicsCitizen AccessADMINISTRATOR TRAININGThis training is specifically designed for new Civic Platform implementations. It includes 1 day of End User Overview and 1 day of Administrator Overview. The purpose of the training is to provide a knowledge of the overall system functionality that will assist Core Team members with decision making throughout the implementation process. Core Team TrainingThis class is an in-depth training on Administering the overall Civic Platform system using Administrator and corresponding pages. Attendees will learn how to develop new processes within the system as well as manage processes across the implementation.Civic Platform AdministratorPage 1 of 2 City Council 13 – 125 10/1/2024 Appendix BTraining Target Staff Duration Max. Class SizeSystem Report Writters 4 days 6Training Target Staff Duration Max. Class SizeProject Core Team 2 days 12Staff responsible for processes implemented in Civic Platform 1 1/2 days 15End User TrainingThis training is on the End User functionality of the Civic Platform system as it relates to Land Management and/or Licensing and Case Management. Attendees will be taught the ins and outs of the use of the system to allow them to effectively manage and track their processes within the system. END USER TRAININGCore Team TrainingThis training is specifically designed for new Civic Platform implementations. It includes 1 day of End User Overview and 1 day of Administrator Overview. The purpose of the training is to provide a knowledge of the overall system functionality that will assist Core Team members with decision making throughout the implementation process. REPORT WRITTER TRAININGThis training includes Reports Schema Training and SSRS Reports Training as well as 2 days of actual hands-on Report development focused on actual jurisdictional report needs. The additional 2 days allows attendees to utilize the knowledge gained from the 2-day Reports Training with actual reporting needs of the jurisdiction. Reports Training WorkshopPage 2 of 2 City Council 13 – 126 10/1/2024 EXHIBIT D CONSULTANT’S FINAL COST ESTIMATE (including hourly rates if applicable) City Council 13 – 127 10/1/2024 ƵŐƵƐƚϮϲ͕ϮϬϮϰWƌŽƉŽƐĞƌEĂŵĞ͗/<ŽŶƐƵůƚŝŶŐ͕>> ^ŽůƵƚŝŽŶEĂŵĞ͗ĐĐĞůĂŝǀŝĐƉƉƐ^ĞƌǀŝĐĞ ƌŝĞĨĞƐĐƌŝƉƚŝŽŶϭηŽĨ,ŽƵƌƐϭZĂƚĞͬ,ŽƵƌKŶĞdŝŵĞŽƐƚϮEŽƚĞηZĞƋƵŝƌĞŵĞŶƚͬĞƐŝŐŶ WƌŽũĞĐƚ/ŶŝƚŝĂƚŝŽŶ͕/ŶĐůƵĚŝŶŐ<ŝĐŬŽĨĨĂŶĚ/ŶŝƚŝĂůDĞĞƚŝŶŐƐ ϱϬ ΨϭϱϬ Ψϳ͕ϱϬϬ ϭZĞƋƵŝƌĞŵĞŶƚͬĞƐŝŐŶ ŽŶĨŝŐƵƌĂƚŝŽŶŶĂůǇƐŝƐ ϱϳϬ ΨϭϱϬ Ψϴϱ͕ϱϬϬ ϮZĞƋƵŝƌĞŵĞŶƚͬĞƐŝŐŶ &ŽƌŵĂŶĚŽŶƐŽůĞĞƐŝŐŶ ϯϬ ΨϭϱϬ Ψϰ͕ϱϬϬ ϯŽŶĨŝŐƵƌĂƚŝŽŶ^ǇƐƚĞŵͬZĞĐŽƌĚŽŶĨŝŐƵƌĂƚŝŽŶĨŽƌϭϳϱZĞĐŽƌĚƐϳϬϬΨϭϱϬΨϭϬϱ͕ϬϬϬϰŽŶĨŝŐƵƌĂƚŝŽŶ ^ĐƌŝƉƚŝŶŐĨŽƌƵƉƚŽϰDŽĚƵůĞƐͬϭϳϱZĞĐŽƌĚƐDĂǆ ϮϱϬΨϭϱϬ Ψϯϳ͕ϱϬϬ ϱŽŶǀĞƌƐŝŽŶ ĂƚĂůĞĂŶƐŝŶŐ ϳϬ ΨϭϱϬ ΨϭϬ͕ϱϬϬ ϲŽŶǀĞƌƐŝŽŶŽŶǀĞƌƐŝŽŶ&ƌŽŵŝƚǇΖƐ^W/E^ǇƐƚĞŵϱϯϬΨϭϲϱΨϴϳ͕ϰϱϬϳŽŶǀĞƌƐŝŽŶĚĚƌĞƐƐͬWĂƌĐĞůͬKǁŶĞƌZĞĨĞƌĞŶĐĞĂƚĂŽŶǀĞƌƐŝŽŶϲϬΨϭϱϬΨϵ͕ϬϬϬϴŽŶǀĞƌƐŝŽŶ>ŝĐĞŶƐĞĚWƌŽĨĞƐƐŝŽŶĂůĂƚĂŽŶǀĞƌƐŝŽŶϮϬΨϭϱϬΨϯ͕ϬϬϬϵZĞƉŽƌƚĞǀĞůŽƉŵĞŶƚĞǀĞůŽƉŵĞŶƚŽĨƵƉƚŽϴϱZĞƉŽƌƚƐϴϭϬΨϭϱϬΨϭϮϭ͕ϱϬϬϭϬdĞƐƚŝŶŐhƐĞƌĐĐĞƉƚĂŶĐĞdĞƐƚŝŶŐ^ƵƉƉŽƌƚϮϬϬΨϭϱϬΨϯϬ͕ϬϬϬϭϭKƚŚĞƌ'Ž>ŝǀĞͲϮ^ƚĂĨĨ͕KŶƐŝƚĞĨŽƌϭtĞĞŬĂŶĚ&ŝŶĂůĂƚĂŽŶǀĞƌƐŝŽŶϭϮϱΨϭϱϬΨϭϴ͕ϳϱϬϭϮWŽƐƚͲ/ŵƉůĞŵĞŶƚĂƚŝŽŶ^ƵƉƉŽƌƚ ϯϬĂǇƐWŽƐƚ'Ž>ŝǀĞKĨĨƐŝƚĞ^ƵƉƉŽƌƚ ϲϬ ΨϭϱϬ Ψϵ͕ϬϬϬ ϭϯ/ŶƚĞƌĨĂĐĞĞǀĞůŽƉŵĞŶƚ '/^^ĞƚƵƉĂŶĚŽŶĨŝŐƵƌĂƚŝŽŶ ϲϬ ΨϭϱϬ Ψϵ͕ϬϬϬ ϭϰ/ŶƚĞƌĨĂĐĞĞǀĞůŽƉŵĞŶƚ ĂƐŚŝĞƌŝŶŐ/ŶƚĞƌĨĂĐĞ;ŝEŽǀĂŚŽƌŽƚŚĞƌͿ ϭϱϬ Ψϭϲϱ ΨϮϰ͕ϳϱϬ ϭϱ/ŶƚĞƌĨĂĐĞĞǀĞůŽƉŵĞŶƚ /ŶĨŽƌ&ŝŶĂŶĐŝĂůƐ/ŶƚĞƌĨĂĐĞ;ZĞŵŽǀĞƵƉůŝĐĂƚĞͿ Ϭ Ψϭϲϱ ΨͲ ϭϲ/ŶƚĞƌĨĂĐĞĞǀĞůŽƉŵĞŶƚ ƵƐŝŶĞƐƐdĂǆ^ǇƐƚĞŵ/ŶƚĞƌĨĂĐĞ ϭϱϬ Ψϭϲϱ ΨϮϰ͕ϳϱϬ ϭϳ/ŶƚĞƌĨĂĐĞĞǀĞůŽƉŵĞŶƚ ZW/ŶƚĞƌĨĂĐĞ;/ŶĨŽƌͬ>ĂǁƐŽŶŽƌŽƚŚĞƌͿ ϭϱϬΨϭϲϱ ΨϮϰ͕ϳϱϬ ϭϴ/ŶƚĞƌĨĂĐĞĞǀĞůŽƉŵĞŶƚ ĂůŝĨŽƌŶŝĂ^ƚĂƚĞ>ŝĐĞŶƐŝŶŐŽĂƌĚ;^>Ϳ/ŶƚĞƌĨĂĐĞ ϮϬ Ψϭϲϱ Ψϯ͕ϯϬϬ ϭϵ/ŶƚĞƌĨĂĐĞĞǀĞůŽƉŵĞŶƚ >ĂƐĞƌĨŝĐŚĞ/ŶƚĞƌĨĂĐĞ^ƵďƐĐƌŝƉƚŝŽŶͲzĞĂƌůǇŽƐƚ ϭ ΨϭϬ͕ϬϬϬ ΨϭϬ͕ϬϬϬ ϮϬ^ĞƌǀŝĐĞƐŽƐƚƐ&/E>K^d^d/DdWĂŐĞϭ ZW^ƚĂŶĚĂƌĚWƌŝĐĞ^ŚĞĞƚdĞŵƉůĂƚĞ City Council 13 – 128 10/1/2024 WƌŽƉŽƐĞƌEĂŵĞ͗/<ŽŶƐƵůƚŝŶŐ͕>> ^ŽůƵƚŝŽŶEĂŵĞ͗ĐĐĞůĂŝǀŝĐƉƉƐ^ĞƌǀŝĐĞ ƌŝĞĨĞƐĐƌŝƉƚŝŽŶϭηŽĨ,ŽƵƌƐϭZĂƚĞͬ,ŽƵƌKŶĞdŝŵĞŽƐƚϮEŽƚĞη^ĞƌǀŝĐĞƐŽƐƚƐKƚŚĞƌ WůĂŶŚĞĐŬ/ŶƚĞƌĨĂĐĞƐƐŝƐƚĂŶĐĞ;WƌŽũĞĐƚŽǆŽƌŽƚŚĞƌͿ ϭϲϬΨϭϱϬ ΨϮϰ͕ϬϬϬ ϮϭKƚŚĞƌ ^ĞůĞĐƚƌŽŶ/ŶƚĞƌĨĂĐĞƐƐŝƐƚĂŶĐĞ ϭϱ ΨϭϱϬΨϮ͕ϮϱϬ ϮϮŽŶĨŝŐƵƌĂƚŝŽŶ ĐĐĞůĂŝƚŝǌĞŶĐĐĞƐƐŽŶĨŝŐƵƌĂƚŝŽŶ ϭϱϬ ΨϭϱϬ ΨϮϮ͕ϱϬϬ ϮϯdƌĂŝŶŝŶŐĂŶĚŽĐƵŵĞŶƚĂƚŝŽŶ ĂŝůǇŶĚhƐĞƌdƌĂŝŶŝŶŐͲϭϬdǁĞůǀĞ,ŽƵƌůĂƐƐĞƐ ϭϮϬ ΨϮϮϱ ΨϮϳ͕ϬϬϬϮϰdƌĂŝŶŝŶŐĂŶĚŽĐƵŵĞŶƚĂƚŝŽŶ ŽƌĞdĞĂŵdƌĂŝŶŝŶŐͲϭdǁŽĂǇůĂƐƐ ϭϲ ΨϮϮϱ Ψϯ͕ϲϬϬ ϮϱdƌĂŝŶŝŶŐĂŶĚŽĐƵŵĞŶƚĂƚŝŽŶ ŝǀŝĐWůĂƚĨŽƌŵĚŵŝŶŝƐƚƌĂƚŽƌdƌĂŝŶŝŶŐͲϭdŚƌĞĞĂǇůĂƐƐ Ϯϰ ΨϮϮϱ Ψϱ͕ϰϬϬ ϮϲdƌĂŝŶŝŶŐĂŶĚŽĐƵŵĞŶƚĂƚŝŽŶ ŝǀŝĐWůĂƚĨŽƌŵhƐĞƌǆƉĞƌŝĞŶĐĞdƌĂŝŶŝŶŐͲϭdǁŽĂǇůĂƐƐ ϭϲ ΨϮϮϱ Ψϯ͕ϲϬϬ ϮϳdƌĂŝŶŝŶŐĂŶĚŽĐƵŵĞŶƚĂƚŝŽŶ ^^Z^ZĞƉŽƌƚƐdƌĂŝŶŝŶŐͲϭ&ŽƵƌĂǇdƌĂŝŶŝŶŐtŽƌŬƐŚŽƉ ϯϮ ΨϮϮϱ Ψϳ͕ϮϬϬ ϮϴdƌĂŝŶŝŶŐĂŶĚŽĐƵŵĞŶƚĂƚŝŽŶ D^ĂƐŝĐ^ĐƌŝƉƚŝŶŐdƌĂŝŶŝŶŐͲϭKŶĞĂǇůĂƐƐ ϴ ΨϮϮϱ Ψϭ͕ϴϬϬ ϮϵdƌĂŝŶŝŶŐĂŶĚŽĐƵŵĞŶƚĂƚŝŽŶ ĐĐĞůĂ'/^ĚŵŝŶdƌĂŝŶŝŶŐͲϭ,ĂůĨĂǇůĂƐƐ ϰ ΨϮϮϱ ΨϵϬϬ ϯϬdƌĂŝŶŝŶŐĂŶĚŽĐƵŵĞŶƚĂƚŝŽŶ ĐĐĞůĂŝƚŝǌĞŶĐĐĞƐƐĚŵŝŶdƌĂŝŶŝŶŐͲϭKŶĞĂǇůĂƐƐ ϴ ΨϮϮϱ Ψϭ͕ϴϬϬ ϯϭWƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ ϮϳDŽŶƚŚƐŽĨWƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚĂƚϭϮ,ŽƵƌƐƉĞƌDŽŶƚŚ ϯϮϰ ΨϭϱϬ Ψϰϴ͕ϲϬϬ ϯϮZĞƋƵŝƌĞŵĞŶƚͬĞƐŝŐŶ ĚĚŝƚŝŽŶĂůKŶƐŝƚĞ,ŽƵƌƐ&ŽƌŶĂůǇƐŝƐ͕ŽŶĨŝŐƵƌĂƚŝŽŶĂŶĚhddĞƐƚŝŶŐ ϯϴϰ ΨϭϱϬ Ψϱϳ͕ϲϬϬ ϯϯKƚŚĞƌ WŚĂƐĞϮŶĂůǇƐŝƐ͕ŽŶĨŝŐƵƌĂƚŝŽŶ͕dĞƐƚŝŶŐƚŚƌŽƵŐŚϭϮͬϮϬϮϲϭϬϬϬ ΨϭϱϬ ΨϭϱϬ͕ϬϬϬ ϯϰKƚŚĞƌ WŽƐƚ'ŽͲ>ŝǀĞDĂŶĂŐĞĚ^ĞƌǀŝĐĞƐƚŚƌŽƵŐŚϭϮͬϮϬϮϲ ϮϱϬ ΨϭϱϬ Ψϯϳ͕ϱϬϬ ϯϱKƚŚĞƌ dƌĂǀĞůͲdƌŝƉƐ ϰϭ ΨϮ͕ϭϰϱ Ψϴϳ͕ϵϰϱ ϯϲΨͲ ϯϳΨͲ ϯϴΨͲ ϯϵΨͲ ϰϬdŽƚĂů^ĞƌǀŝĐĞƐŽƐƚƐϲ͕ϱϱϴΨϭ͕ϭϬϳ͕ϰϰϱŚĞĐŬƚŽ^ƵŵŵĂƌǇdĂďͲх K<'ƌŽƵƉďǇ^ĞƌǀŝĐĞϭͲ/Ĩ&ůĂƚZĂƚĞĨŽƌƐĞƌǀŝĐĞ͕ĞŶƚĞƌΗ&ůĂƚΗŝŶΗηŽĨ,ŽƵƌƐΗĂŶĚĞŶƚĞƌƚŽƚĂůĐŽƐƚŝŶΗZĂƚĞͬ,ŽƵƌΗϮͲEŽƚĞƐĂŶĚƐƐƵŵƉƚŝŽŶƐ;ƵƐĞEŽƚĞηƚŽĐŽƌƌĞƐƉŽŶĚƚŽƚĂďůĞĂďŽǀĞͿηϰͲ ƐƐƵŵĞƐ ƚŚĞƵƐĞŽĨƚŚĞĐĐĞůĂŝǀŝĐƉƉƐǁŚĞƌĞĂǀĂŝůĂďůĞ͘ηϲͲ ƐƐƵŵĞƐǁŽƌŬŝŶŐĐůŽƐĞůǇǁŝƚŚŝƚǇƐƚĂĨĨƚŽĨƵůůǇĚĞĨŝŶĞŶĞĞĚƐĂŶĚĂƐƐƵďũĞĐƚŵĂƚƚĞƌĞǆƉĞƌƚƚŽĂƐƐŝƐƚǁŝƚŚĚĞĨŝŶŝŶŐĚĂƚĂƌĞƐƵůƚƐηϳͲ ƐƐƵŵĞƐĐƵƐƚŽŵĞƌǁŝůůƉƌŽǀŝĚĞĚĂƚĂĨƌŽŵƚŚĞĞǆŝƐƚŝŶŐ^W/EƐǇƐƚĞŵŝŶ^Y>^ĞƌǀĞƌ͕KƌĂĐůĞŽƌĐĐĞƐƐ&ŽƌŵĂƚ͖ƵƐƚŽŵĞƌǁŝůůƉƌŽǀŝĚĞĂƐƵďũĞĐƚŵĂƚƚĞƌĞǆƉĞƌƚŽŶƚŚĞĞǆŝƐƚŝŶŐĚĂƚĂƐŽƵƌĐĞ͖WĂŐĞϮ ZW^ƚĂŶĚĂƌĚWƌŝĐĞ^ŚĞĞƚdĞŵƉůĂƚĞ City Council 13 – 129 10/1/2024 WƌŽƉŽƐĞƌEĂŵĞ͗/<ŽŶƐƵůƚŝŶŐ͕>> ^ŽůƵƚŝŽŶEĂŵĞ͗ĐĐĞůĂŝǀŝĐƉƉƐ^ĞƌǀŝĐĞ ƌŝĞĨĞƐĐƌŝƉƚŝŽŶϭηŽĨ,ŽƵƌƐϭZĂƚĞͬ,ŽƵƌKŶĞdŝŵĞŽƐƚϮEŽƚĞη^ĞƌǀŝĐĞƐŽƐƚƐ/ĨǇŽƵŚĂǀĞĂŶǇƋƵĞƐƚŝŽŶƐ͕ƉůĞĂƐĞĨĞĞůĨƌĞĞƚŽĐŽŶƚĂĐƚŵĞĂƚϱϮϬͲϴϵϭͲϱϯϳϲ͘tĞůŽŽŬĨŽƌǁĂƌĚƚŽǁŽƌŬŝŶŐǁŝƚŚǇŽƵ͘ŽŶƚĂĐƚƐǁŝůůďĞůŽĂĚĞĚĂƐƚƌĂŶƐĂĐƚŝŽŶƐ;ƌĞĐŽƌĚͿĚĂƚĂĂŶĚŶŽƚƌĞĨĞƌĞŶĐĞ;ƐǇƐƚĞŵͿĚĂƚĂ͖WůĂŶƐĂƌĞƐŝŶŐůĞŽĐƵŵĞŶƚƐ;W&ΖƐ͕ǆĐĞů͕tŽƌĚͿ͖DdŝƐƚŽďĞĐŽŶǀĞƌƚĞĚĂƐĂƌĞĐŽƌĚƚǇƉĞƚŚĂƚŝƐďĂƐŝĐŝŶĐŽŶĨŝŐƵƌĂƚŝŽŶƌĞƋƵŝƌĞŵĞŶƚƐ͖ĂŶĚĚĚƌĞƐƐĞƐĂŶĚWƌŽƉĞƌƚŝĞƐǁŝůůďĞůŽĂĚĞĚĂƐƚƌĂŶƐĂĐƚŝŽŶĂů;ƌĞĐŽƌĚͿĂŶĚŶŽƚƌĞĨĞƌĞŶĐĞĚ;ƐǇƐƚĞŵͿĚĂƚĂ͘ηϴͲ ƐƐƵŵĞƐĚĚƌĞƐƐ͕WĂƌĐĞůĂŶĚKǁŶĞƌĚĂƚĂǁŝůůďĞƉƌŽǀŝĚĞĚďǇƚŚĞĐƵƐƚŽŵĞƌŝŶ^Y>^ĞƌǀĞƌ͕D^ĐĐĞƐƐ͕Žƌ^sĨŽƌŵĂƚǁŝƚŚĐŽŽƌĚŝŶĂƚŝŶŐĨŝĞůĚĚĞĨŝŶŝƚŝŽŶƐ͘ηϵͲ ƐƐƵŵĞƐ>ŝĐĞŶƐĞĚWƌŽĨĞƐƐŝŽŶĂůĚĂƚĂǁŝůůďĞƉƌŽǀŝĚĞĚďǇƚŚĞĐƵƐƚŽŵĞƌŝŶ^Y>^ĞƌǀĞƌ͕D^ĐĐĞƐƐ͕Žƌ^sĨŽƌŵĂƚǁŝƚŚĐŽŽƌĚŝŶĂƚŝŶŐĨŝĞůĚĚĞĨŝŶŝƚŝŽŶƐ͘EŽƚĞ͗ĂŶĂĚĚŝƚŝŽŶĂůůŽĂĚŽĨ>ŝĐĞŶƐĞĚWƌŽĨĞƐƐŝŽŶĂůĚĂƚĂǁŝůůĂƐƐŝƐƚǁŝƚŚƚŚĞŵŽƐƚĞĨĨĞĐƚŝǀĞ^>ŝŶƚĞŐƌĂƚŝŽŶĂƚŐŽͲůŝǀĞ͘ηϭϭͲ EŽƚĞ͗ŚŽƵƌƐŝŶĐůƵĚĞĚĂƌĞĨŽƌƐƵƉƉŽƌƚŝŶƌĞƐŽůǀŝŶŐĂŶǇŝƐƐƵĞƐĂŶĚͬŽƌŵŝƐƐŝŶŐƌĞƋƵŝƌĞŵĞŶƚƐĨŽƵŶĚĚƵƌŝŶŐĐƵƐƚŽŵĞƌƚĞƐƚŝŶŐ͘ηϭϱͲ ĂƐŚŝĞƌŝŶŐ ƐǇƐƚĞŵŵƵƐƚƉƌŽǀŝĚĞĂŶW/ƚŚĂƚĂůůŽǁƐĨŽƌƚǁŽͲǁĂǇĐŽŵŵƵŶŝĐĂƚŝŽŶďĞƚǁĞĞŶĂƐŚŝĞƌŝŶŐƐǇƐƚĞŵĂŶĚĐĐĞůĂηϭϳͲ d^ƐǇƐƚĞŵŵƵƐƚƉƌŽǀŝĚĞĂŶW/ƚŚĂƚĂůůŽǁƐĨŽƌƚǁŽͲǁĂǇĐŽŵŵƵŶŝĐĂƚŝŽŶďĞƚǁĞĞŶd^ĂŶĚĐĐĞůĂηϮϬͲ WƌŽƉŽƐŝŶŐĂǇĞĂƌůǇŝŶƚĞƌĨĂĐĞƐƵďƐĐƌŝƉƚŝŽŶǁŝƚŚ'ƌĂǇYƵĂƌƚĞƌ ĨŽƌƚŚĞ>ĂƐĞƌĨŝĐŚĞŝŶƚĞŐƌĂƚŝŽŶ͘dŚŝƐŝƐĂĨůĂƚƌĂƚĞƐƵďƐĐƌŝƉƚŝŽŶĐŽƐƚĂŶĚŶŽƚĂŶŚŽƵƌůǇƌĂƚĞ͘ηϮϭͲ EŽƚĞ͗ǀŽůǀĞŵĂŶĂŐĞƐƚŚĞĂĐƚƵĂůŝŶƚĞŐƌĂƚŝŽŶĨŽƌƚŚĞŝƌƐŽĨƚǁĂƌĞ͘DŝŶŝŵĂůŚŽƵƌƐĂƌĞŶĞĐĞƐƐĂƌǇŝĨƚŚĞƐŽůƵƚŝŽŶƐĞůĞĐƚĞĚǁŽƵůĚďĞǀŽůǀĞΖƐWƌŽũĞĐƚŽǆ͕ĂŶĚǁŽƵůĚĐŽŶƐŝƐƚŽĨŽŶůǇĂƐƐŝƐƚĂŶĐĞ͕ŝĨŶĞĞĚĞĚĚƵƌŝŶŐƚŚĞŝƌĚĞǀĞůŽƉŵĞŶƚ͘ƵƐƚŽŵĞƌǁŽƵůĚďĞƌĞƐƉŽŶƐŝďůĞĨŽƌǁŽƌŬŝŶŐǁŝƚŚ ǀŽůǀĞĨŽƌƚŚĞĂĐƚƵĂůŝŶƚĞŐƌĂƚŝŽŶ͘/ĨĂůƵĞďĞĂŵŝŶƚĞŐƌĂƚŝŽŶŝƐƐĞůĞĐƚĞĚ͕ŚŽƵƌƐǁŽƵůĚďĞĨŽƌŝŶƚĞŐƌĂƚŝŽŶŽĨƵƉƚŽϰŵŽĚƵůĞƐĨŽƌƉůĂŶƌĞǀŝĞǁĂŶĚďĂƐŝĐŶŽƚŝĨŝĐĂƚŝŽŶƐ͘/ĨĞWůĂŶ^ŽĨƚŽƌĞWĞƌŵŝƚ,ƵďŝƐƐĞůĞĐƚĞĚ͕ŝŶƚĞŐƌĂƚŝŽŶŚŽƵƌƐĐĂŶďĞƵƐĞĚƚŽǁĂƌĚƐŝŵƉůĞŵĞŶƚĂƚŝŽŶ͕ďƵƚĨƵůůŚŽƵƌƐǁŽƵůĚŶĞĞĚƚŽďĞƌĞĨůĞĐƚĞĚŝŶƚŚĞWůĂŶZĞǀŝĞǁƐŽĨƚǁĂƌĞĐŽŶƚƌĂĐƚ͘&ŽƌĂůůWůĂŶZĞǀŝĞǁƐŽĨƚǁĂƌĞ͕ƐĞƉĂƌĂƚĞĐŽŶƚƌĂĐƚƐǁŽƵůĚďĞƌĞƋƵŝƌĞĚĨŽƌƚŚĞWůĂŶZĞǀŝĞǁƐŽĨƚǁĂƌĞĂŶĚͬŽƌ/ŶƚĞŐƌĂƚŝŽŶƐŽĨƚǁĂƌĞ͘ηϮϮͲ EŽƚĞ͗^ĞůĞĐƚƌŽŶŵĂŶĂŐĞƐƚŚĞĂĐƚƵĂůŝŶƚĞŐƌĂƚŝŽŶĨŽƌƚŚĞŝƌƐŽĨƚǁĂƌĞ͘,ŽƵƌƐƋƵŽƚĞĚŚĞƌĞĂƌĞĨŽƌĂƐƐŝƐƚĂŶĐĞŝĨƚŚĞǇŶĞĞĚŝƚĚƵƌŝŶŐƚŚĞŝƌĚĞǀĞůŽƉŵĞŶƚ͘ƵƐƚŽŵĞƌŝƐƌĞƐƉŽŶƐŝďůĞĨŽƌǁŽƌŬŝŶŐǁŝƚŚ^ĞůĞĐƚŽŶĨŽƌƚŚĞĂĐƚƵĂůŝŶƚĞŐƌĂƚŝŽŶ͘ηϮϯͲ ƐƐƵŵĞƐĂŵŝŶŝŵƵŵŽĨϳϬйƐŚĂƌĞĚ WĂŐĞ&ůŽǁƐĂĐƌŽƐƐ ϰDŽĚƵůĞƐ͘ηϮϰͲ ηϯϭͲ dƌĂŝŶŝŶŐƌĂƚĞĐŽŶƐŝĚĞƌƐƉƌĞƉƚŝŵĞƚŚĂƚŝƐŝŶĐůƵĚĞĚ͘WĂŐĞϯ ZW^ƚĂŶĚĂƌĚWƌŝĐĞ^ŚĞĞƚdĞŵƉůĂƚĞ City Council 13 – 130 10/1/2024 WƌŽƉŽƐĞƌEĂŵĞ͗/<ŽŶƐƵůƚŝŶŐ͕>> ^ŽůƵƚŝŽŶEĂŵĞ͗ĐĐĞůĂŝǀŝĐƉƉƐ^ĞƌǀŝĐĞ ƌŝĞĨĞƐĐƌŝƉƚŝŽŶϭηŽĨ,ŽƵƌƐϭZĂƚĞͬ,ŽƵƌKŶĞdŝŵĞŽƐƚϮEŽƚĞη^ĞƌǀŝĐĞƐŽƐƚƐWĂŐĞϰ ZW^ƚĂŶĚĂƌĚWƌŝĐĞ^ŚĞĞƚdĞŵƉůĂƚĞ City Council 13 – 131 10/1/2024 EXHIBIT E FEDERAL CONTRACT PROVISIONS City Council 13 – 132 10/1/2024 City of Santa Ana Purchasing Division EXHIBIT I,, FEDERAL REGULATIONS a. Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of $33(1',;( Page |ϱϰ City Council 13 – 133 10/1/2024 City of Santa Ana Purchasing Division Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. l. Copeland Anti-Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland “Anti-Kickback” Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. (1) Contractor – Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts – Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϱϱ City Council 13 – 134 10/1/2024 City of Santa Ana Purchasing Division (3) Breach – A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϱϲ City Council 13 – 135 10/1/2024 City of Santa Ana Purchasing Division (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights. t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (3) Telecommunications or video surveillance services provided by such entities or using such equipment. (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and “manufactured products” means items and construction materials City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϱϳ City Council 13 – 136 10/1/2024 City of Santa Ana Purchasing Division composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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 will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϱϴ City Council 13 – 137 10/1/2024 City of Santa Ana Purchasing Division 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. (5) The contractor will 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. (6) The contractor will 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 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. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϱϵ City Council 13 – 138 10/1/2024 EXHIBIT ,,,% FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit C. 1.REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement: (i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will 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 Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϲϬ City Council 13 – 139 10/1/2024 (v) The Consultant will 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. (vi) The Consultant will 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 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. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϲϭ City Council 13 – 140 10/1/2024 violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϲϮ City Council 13 – 141 10/1/2024 shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) – Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϲϯ City Council 13 – 142 10/1/2024 further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials: (i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϲϰ City Council 13 – 143 10/1/2024 (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement: (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2.CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϲϱ City Council 13 – 144 10/1/2024 (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3.COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϲϲ City Council 13 – 145 10/1/2024 (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: (1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General; (3) The Government Accountability Office; City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϲϳ City Council 13 – 146 10/1/2024 (4) A Treasury employee responsible for contract or grant oversight or management; (5) An authorized official of the Department of Justice or other law enforcement agency; (6) A court or grand jury; or (7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϲϴ City Council 13 – 147 10/1/2024 (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided. (v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϲϵ City Council 13 – 148 10/1/2024 (x)If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance. City of Santa Ana, CA RFP 24-087A Accela Civic Implementation Services Page |ϳϬ City Council 13 – 149 10/1/2024 CITY OF SANTA ANA FINANCE & MANAGEMENT SERVICES AGENCY PURCHASE ORDER CONTRACT XXXX SHOW NUMBER ON ALL PACKAGES, INVOICES AND RELATED DOCUMENTS DESTINATION 10/01/2024 52607 CITY OF SANTA ANA FINANCE & MANAGEMENT SERVICES AGENCY PURCHASING DIVISION 09/30/2025 Source of Quotation SPEC NO. #24-087A Vendor Effective Date FOB Estimated Delivery Date Blanket End Date NET 45 Terms V E N D O R MAIL INVOICES TO: CITY OF SANTA ANA EMAIL INVOICES TO: ACCOUNTSPAYABLE@SANTA-ANA.ORG DESCRIPTION TOTAL Buyer (REQUIRED IF OVER $6,000) VENDOR’S COPY VENDOR BILLING INSTRUCTIONS: 1. Invoice the City of Santa Ana and mail to: CITY OF SANTA ANA ACCOUNTS PAYABLE M-91. 20 CIVIC CENTER PLAZA RM 326, SANTA ANA, CA 92701 2. Invoices must reference the purchase order number showing quantities, description, units and unit price. 3. Freight charges, when authorized, shall be prepaid and added to the invoice as a separate item. 4. OUT OF STATE VENDOR: California seller's permit or Certificate of Registration - Use Tax, is required to collect tax, otherwise the city will pay direct. Purchasing Manager: GENERAL TERMS AND CONDITIONS ON THE REVERSE SIDE ARE IN- CORPORATED HEREIN. BLANKET ORDER CONTRACT FOR FURNISHING AND DELIVERING CLOUD SOLUTIONS TO THE CITY OF SANTA ANA ON AN AS- NEEDED BASIS IN ACCORDANCE WITH THE PRICING, TERMS, AND CONDITIONS SET FORTH IN NASPO CONTRACT 7017-70-40-05 (AR2472). CONTRACT TERM: ONE (1) YEAR TERM, 10/01/2024 - 9/30/2025 WITH FOUR (4) AUTOMATIC, ONE-YEAR (1) RENEWALS UNLESS CANCELED IN WRITING WITHIN 60- DAYS OF RENEWAL DATE EACH YEAR CITY CONTACT: JACK CIULLA, CHIEF TECHNOLOGY INNOVATIONS OFFICER PHONE: (714) 647-5381 OR EMAIL: JCIULLA@SANTA-ANA.ORG PRICING STRUCTURE: ITEM QTY PRICE EXTENDED Multi-Solutions SaaS – Accela 12 Months Accela Building, Planning and Business Licensing – SaaS – Phase 1 25 $3,007.83 $75,195.75 TOTAL YEAR 1 $75,195.75 Accela Enhanced Reporting Database (ERD) will be made available at no charge for year 1 and will be invoiced for the remaining years based on the table, below. ERD Pricing table Term Year Cost 10/1/2024 – 9/30/2025 (1) Free for year 1 10/1/2025 – 9/30/2026 (2) $38,185.15 10/1/2026 – 9/30/2027 (3) $40,094.33 10/1/2027 – 9/30/2028 (4) $42,099.35 10/1/2028 – 9/30/2029 (5) $44,203.95 Pricing continued on next page. PER AGREEMENT CARAHSOFT TECHNOLOGY CORP 11493 SUNSET HILLS ROAD RESTON, VA 20190 PHONE: (571) 662-3147 EMAIL: Jazmine.Fitts@carahsoft.com ACCOUNTS PAYABLE M-91 20 CIVIC CENTER PLAZA, RM 326 SANTA ANA, CA 92701 JACQUES LAM (714) 647-5467 City Council 13 – 150 10/1/2024 CITY OF SANTA ANA FINANCE & MANAGEMENT SERVICES AGENCY PURCHASE ORDER CONTRACT XXXX SHOW NUMBER ON ALL PACKAGES, INVOICES AND RELATED DOCUMENTS DESTINATION 10/01/2024 52607 CITY OF SANTA ANA FINANCE & MANAGEMENT SERVICES AGENCY PURCHASING DIVISION 09/30/2025 Source of Quotation SPEC NO. #24-087A Vendor Effective Date FOB Estimated Delivery Date Agreement End Date NET 45 Terms V E N D O R MAIL INVOICES TO: CITY OF SANTA ANA EMAIL INVOICES TO: ACCOUNTSPAYABLE@SANTA-ANA.ORG DESCRIPTION TOTAL Buyer (REQUIRED IF OVER $6,000) VENDOR’S COPY VENDOR BILLING INSTRUCTIONS: 1. Invoice the City of Santa Ana and mail to: CITY OF SANTA ANA ACCOUNTS PAYABLE M-91. 20 CIVIC CENTER PLAZA RM 326, SANTA ANA, CA 92701 2. Invoices must reference the purchase order number showing quantities, description, units and unit price. 3. Freight charges, when authorized, shall be prepaid and added to the invoice as a separate item. 4. OUT OF STATE VENDOR: California seller's permit or Certificate of Registration - Use Tax, is required to collect tax, otherwise the city will pay direct. Purchasing Manager: GENERAL TERMS AND CONDITIONS ON THE REVERSE SIDE ARE IN- CORPORATED HEREIN. AMOUNT NTE $1,800,000 Pricing Delivery Details: Additional licenses ordered mid-year will be based on the pricing table, below, and will be prorated to coterm with existing licenses. Renewal rates will be based on the aggregate number of licenses ordered by the City. Pricing table for Multi-Solution SaaS 12-month license. Term Year Total User Licenses Price per user 10/1/2024 – 9/30/2025 (1) 0 – 150 $3,007.83 150+ N/A 10/1/2025 – 9/30/2026 (2) 0 – 150 $3,158.22 150+ $1,718.22 10/1/2026 – 9/30/2027 (3) 0 – 150 N/A 150+ $2,056.14 10/1/2027 – 9/30/2028 (4) 0 – 150 N/A 150+ $2,158.95 10/1/2028 – 9/30/2029 (5) 0 – 150 N/A 150+ $2,266.89 APPROVED AS TO FORM: _____________________ ASST. CITY ATTORNEY APPROVED BY CITY COUNCIL MONTH DD, YYYY, ITEM XX, SPEC NO. XX-XXX. CONTRACT AWARDED TO ONE VENDOR FOR AN ANNUAL AMOUNT NTE $360,000 PER AGREEMENT CARAHSOFT TECHNOLOGY CORP 11493 SUNSET HILLS ROAD RESTON, VA 20190 PHONE: (571) 662-3147 EMAIL: Jazmine.Fitts@carahsoft.com ACCOUNTS PAYABLE M-91 20 CIVIC CENTER PLAZA, RM 326 SANTA ANA, CA 92701 JACQUES LAM (714) 647-5467 City Council 13 – 151 10/1/2024 Library www.santa-ana.org/library Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Furniture for Main Library Renovation Project AGENDA TITLE Agreements with New Tangram, LLC dba Tangram Interiors, Goforth & Marti dba G/M Business Interiors, and J.K. Miklin, Inc. dba Yamada Enterprises for Public and Office Furniture and Installation Services for the Main Library Renovation Project (No. 24- 080A) (General Fund) (Revive Santa Ana) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with New Tangram, LLC dba Tangram Interiors to provide and install public-facing and office furniture at the Main Library, in an amount of $674,658 plus a 15% contingency amount of $101,198, for a total amount not to exceed $775,856, for a term expiring December 31, 2026, with provision for one, one-year renewal option (Agreement No. A-2024-XXX). 2. Authorize the City Manager to execute an agreement with Goforth & Marti dba G/M Business Interiors to provide and install public-facing furniture at the Main Library, in an amount of $307,999 plus a 15% contingency amount of $46,200, for a total not-to-exceed amount of $354,199, for a term expiring December 31, 2026, with provision for one, one-year renewal option (Agreement No. A-2024- XXX). 3. Authorize the City Manager to execute an agreement with J.K. Miklin, Inc. dba Yamada Enterprises to provide and install library-specific furniture at the Main Library, in an amount of $411,964 plus a 15% contingency amount of $61,795 for a total not-to-exceed amount of $473,759, for a term expiring December 31, 2026, with provision for one, one-year renewal option (Agreement No. A-2024- XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Public library furniture and design plays a significant role in determining how the community interacts with their library and the importance they ascribe to its existence. If City Council 14 – 1 10/1/2024 Furniture for Main Library Renovation Project October 1, 2024 Page 2 4 5 3 3 Santa Ana residents believe they are being offered a high-quality public space, they are much more likely to return and utilize this important community resource in a positive and constructive manner. To ensure the community’s needs will be met, a request for Proposals (RFP) No. 24- 080A for library furtniture was issued on June 6, 2024 on the City’s online bid management and publication system. The RFP split library public-facing furniture and office furniture across four packages to increase competition and ensure the best pricing possible for the Main Library Renovation Project. Furniture packages included public-facing furniture (i.e., TeenSpace seating, outdoor patio furniture, etc.), library- specific furniture (i.e., reader tables, circulation desk, service desk, etc.), and office furniture for staff use. A summary of vendor participation and results is as follows: •148 Vendors notified •4 Santa Ana vendors notified •41 Vendors downloaded the RFP packet •4 Proposals received •0 Proposals received from Santa Ana vendors Proposals were solicited, opened on July 17, 2024, and evaluated. Four proposals were submitted by the RFP deadline and three were determined to be responsive to the specifications and met the City’s requirements. The proposal submitted by The Office- Furniture Solutions, Inc. was deemed non-responsive as it did not include the approved specifications of the RFP. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. Staff recommends awarding agreements to the highest-ranked firms in each furniture package as follows: Package & Description Vendor Location Exhibit A - Public-Facing Furniture Goforth & Marti Irvine, CA Exhibit 1 B - Public-Facing Furniture New Tangram, LLC Newport Beach, CA Exhibit 2 C - Library-Specific Furniture J.K. Miklin, Inc.Huntington Beach, CA Exhibit 3 D - Office Furniture New Tangram, LLC Newport Beach, CA Exhibit 2 Each of the above-listed proposers demonstrated a firm understanding of the project’s aesthetic and needs; provided the best, most responsive furniture selections; understood the project goals and delivery timelines contingent upon construction completion; described ample experience working with libraries; and provided the most reasonable and competitive pricing for their respective categories. Since Revive Santa Ana (American Rescue Plan Act) funds will be used for the furniture purchases, the agreements must be executed prior to the federal funding obligation deadline of December 31, 2024. However, construction completion for the Main Library Renovation Project is not anticipated until March 2026. To avoid storage fees and City Council 14 – 2 10/1/2024 Furniture for Main Library Renovation Project October 1, 2024 Page 3 4 5 3 3 ensure the furniture is installed at the appropriate time, the Library will postpone submitting furniture orders until approximately September 2025. A 15% contingency per agreement will help to offset any furniture selections that may be discontinued or cost increases that may be incurred prior to the furniture officially being ordered. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available in the following accounts, and will be presented to the City Council for approval of carryforward to FY 2024-25 as part of the citywide carryforward process. Additional proposed carryovers of unspent funds to future fiscal years will be presented to the City Council for approval as needed depending on the Main Library Renovation Project construction timeline. The following table summarizes the funds budgeted for expenditure for furniture services: Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit, Account No. Description Amount Existing Budget To Carryforward To FY 24-25 2024-25 18111013-66200 (22-1380) American Rescue Plan Act (ARPA) ARPA LIBRARY – Buildings & Building Improvements $1,351,466 2024-25 01111017-66200 (22-1380)General Fund Library Service Enhancement – Buildings & Building Improvements $252,346 Total $1,603,812 EXHIBIT(S) 1. Agreement with New Tangram, LLC dba Tangram Interiors 2. Agreement with Goforth & Marti dba G/M Business Interiors 3. Agreement with J.K. Miklin, Inc. dba Yamada Enterprises Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Alvaro Nuñez, City Manager City Council 14 – 3 10/1/2024 Page 1 of 11 CITY OF SANTA ANA AGREEMENT WITH NEW TANGRAM, LLC, DBA TANGRAM INTERIORS TO PROVIDE PUBLIC AND OFFICE FURNITURE AND INSTALLATION SERVICES FOR THE MAIN LIBRARY RENOVATION PROJECT THIS AGREEMENT is made and entered into this 1st day of October 2024 by and between New Tangram, LLC, a Michigan limited liability company dba Tangram Interiors (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.On June 6, 2024, the City issued Request for Proposals (“RFP”) No. 24-080A, by which it sought a qualified contractor to provide library public furniture and modular officer furniture services. B.Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-080A. C.In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Contractor shall perform the services described in the Scope of Work from RFP No. 24- 080A, attached hereto as Exhibit A and incorporated in full, and as further described in Contractor’s Proposal, attached hereto as Exhibit B and incorporated in full. 2.COMPENSATION a.City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Contractor’s Fee Schedule, which is attached as Exhibit C and incorporated in full. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed Seven Hundred Seventy-Five Thousand, Eight Hundred Fifty-Six and 00/100 Dollars ($775,856). The sum is comprised of (1) the base amount of $674,658 and (2) a fifteen percent (15%) contingency in the amount of $101,198 for additional services at the City’s sole discretion. b.Payment by City shall be made within forty-five (45) days following receipt of City Council 14 – 4 10/1/2024 Page 2 of 11 proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions. c.Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3.TERM This Agreement shall commence on the date first written above and terminate on December 31, 2026, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to one (1) one-year period upon a writing executed by the City Manager and City Attorney. 4.PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5.INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. City Council 14 – 5 10/1/2024 Page 3 of 11 6.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the sub contractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. a.Minimum Scope and Limit of Insurance (1)Commercial General Liability (CGL). Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Require policy limits can be met with primary and umbrella/excess insurance policies. (2)Automobile Liability (AL). ISO Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. (3)Workers’ Compensation. As required by the State of California, with statutory limits, and employer’s liability insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees (4)Broader Coverage. 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 14 – 6 10/1/2024 Page 4 of 11 b.Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: (1)Additional Insured Status. The City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and AL policies 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. (2)Waiver of Subrogation. Contractor shall require its insurance company(ies) to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from performed by Contractor for City. (3)Primary Coverage. For any claims related to this contract, the Contractor’s insurance coverage shall be primary and any insurance or self-insurance maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (4)Severability. A severability of interest provision must apply for all the additional insured, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. (5)Notice of Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. (6)Certificate Holder. The Certificate Holder on each Evidence of the Insurance certificate shall be: City of Santa Ana, Attn: (name of department staff responsible for Agreement), 20 Civic Center Plaza M-XX (responsible staff’s department mail box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. c.Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. City may require 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. City Council 14 – 7 10/1/2024 Page 5 of 11 d.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. e.Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. f.Claims Made Policies. If any of the required policies provide coverage on a claims-made basis: (1)The retroactive date must be shown and must be before the date of the Agreement or the beginning of work. (2)Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. (3)If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work. g.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 Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the 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, City Council 14 – 8 10/1/2024 Page 6 of 11 by reason of the events referred to in this Section or by reason of the terms of , or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, t o the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9.INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10.RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11.CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of City Council 14 – 9 10/1/2024 Page 7 of 11 law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Library Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: New Tangram, LLC, dba Tangram Interiors Attn: Nick Greenko, CFO 1375 Dove St., #300 Newport Beach, CA 92660 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and City Council 14 – 10 10/1/2024 Page 8 of 11 Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15.ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17.TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a.As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b.Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18.NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital City Council 14 – 11 10/1/2024 Page 9 of 11 status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. FUNDING-RELATED PROVISIONS Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreeme nt. As applicable, Contractor shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act, available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf; c. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf; d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; City Council 14 – 12 10/1/2024 Page 10 of 11 e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit D and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page follows] City Council 14 – 13 10/1/2024 Page 11 of 11 SIGNATURE PAGE FOR AGREEMENT WITH NEW TANGRAM, LLC, DBA TANGRAM INTERIORS TO PROVIDE PUBLIC AND OFFICE FURNITURE AND INSTALLATION SERVICES FOR THE MAIN LIBRARY RENOVATION PROJECT IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ________________________ _________________________ Jennifer L. Hall Alvaro Nuñez City Clerk City Manager APPROVED AS TO FORM CONTRACTOR SONIA R. CARVALHO City Attorney By: _____________________ ____________________________ Brandon Salvatierra Nick Greenko Deputy City Attorney Chief Financial Officer RECOMMENDED FOR APPROVAL ____________________________ Brian Sternberg. Executive Director Library Services Agency Nick Greenko (Sep 16, 2024 12:02 CDT) City Council 14 – 14 10/1/2024 EXHIBIT A City Council 14 – 15 10/1/2024 CITY OF SANTA ANA Contractor shall perform services as set forth below and per Exhibit VI Furniture Specifications. 1.Contractor shall provide a dedicated local representative. 2.Contractor shall review drawing for completeness, accuracy, and proper application of product prior to installation. 3.Defective/Damaged Products/Missing Parts: Contractor shall notify City of defective /damaged / missing part products prior to delivery and place such products on re-order. Contractor shall notify City of lead time on re-ordered products. 4.Partial Shipments: Partial shipments will not be accepted by the City unless authorized by the City. 5.Manufacturer/Factory Delays: Contractor shall notify City of any manufacturer/factory delays. City reserves the right to cancel orders due to manufacturer/factory delays, if it is in the best interest of the City. The City may elect to cancel order and seek equivalent product from another course. The Contractor shall be held liable for price difference and the City may seek damages. 6.Missing Parts: At City’s request, Contractor shall provide usable and good quality loaner furniture for City’s use until missing parts are received and successfully installed to the satisfaction of the City. 7.Warehousing: Contractor(s) shall have the capacity to provide storage for office furniture ordered by the City when a project delay occurs. The Contractor(s) must provide warehousing at no cost to the City for a minimum of thirty (30) days. Please provide a monthly fee (to include any associated labor) for storage costs following the 30 days on Attachment J – Furniture Bid Form. 8.Any damage to City property incurred by Contractor will be repaired at the Contractor’s expense and any repairs will not be accepted unless approved by City. 9.Contractor shall pre-inspect furniture for quality, damages and/or completeness or order prior to scheduling delivery. 10.Contractor is responsible for the disposal of all packaging materials from products ordered by the City off and on City site. All trash and debris must be removed and disposed each day of installation in an appropriate manner. 11.Uncrating at location of delivery will not allowed unless authorized by City. 12.Furniture shall be delivered blanket wrapped, unwrapped, assembled, set in place, wiped clean of all fingerprints and function demonstrated to City. 13.Contractor shall ensure delivery site is left in a clean and orderly manner after installation is complete. EXHIBIT I SCOPE OF SERVICES City of Santa Ana RFP 24-080A Page 19 of 42 City Council 14 – 16 10/1/2024 EXHIBIT B City Council 14 – 17 10/1/2024 CITY OF SANTA ANA REQUEST FOR PROPOSALS NO. 24-080A POINT OF CONTACT Library Public Furniture and Modular Office Furniture Services Kimberly Barnow, Account Executivekbarnow@tangraminteriors.com | 949.204.7231 City Council 14 – 18 10/1/2024 Table of Contents 01 04 07 08 02 05 03 06 Proposal Forms Cover Letter Proposed Work Plan Service Provided Agreement Statement Cost Proposal Design Renderings Firm & Team Experience 2Tangram Interiors | City of Santa Ana City Council 14 – 19 10/1/2024 3Tangram Interiors | City of Santa Ana COVER LETTER 01 City Council 14 – 20 10/1/2024 Kimberly Barnow, Sales Executive Maria Castro, Senior Management Analyst, City of Santa Ana – Library Services Agency 26 Civic Center Plaza Santa Ana, CA 92701 On behalf of me and the Tangram and Steelcase teams, I would like to thank you for the opportunity to respond to the City of Santa Ana Library Renovation project. As your Sales Executive, I will be your primary point of contact, supported by a fantastic team of cross-functional experts. Collectively our team has over 50+ years of project and industry experience. We are committed to providing the support and service needed for a successful and rewarding facility and I have no doubt that we will succeed in providing a satisfying customer experience. There’s a chance we may not be your lowest bid. Tangram’s reputation in the industry, our ability to be a single resource for multiple applications, and the desire to be our client’s business partner vs. a furniture dealer come with deliverables that go far beyond the price of furniture, equipment, and construction. I would like to highlight just some of the value services that differentiate Tangram from our competitors. • Value Engineering – We realize there’s often a need for a value engineered approach. We would be happy to be a collaborative partner for any value engineering needs should they arise. Our vendor relationships and strong presence in the market allow us leverage as it relates to pricing, lead times, and any warranty/service issues which may arise. • Pricing – For a significant portion of the Steelcase package we were able to negotiate additional discounting above and beyond the national Sourcewell contract resulting in additional savings. • Project Team Experience – You will see your team’s organizational chart in the attached submittal. Collectively we have over 50 years of experience working on education, healthcare, government, and commercial projects. • Installation Issue Managements – Punch list items are addressed in real-time throughout the installation and are communicated between the installation and operations teams. • Daily Progress Reports – You will be provided a daily progress report, including photos, describing the work completed and what you can anticipate for the following day. This will take place for the duration of the project installation and until punch list items have been resolved. Thank you very much for this opportunity and we look forward to your feedback. If you have any questions or clarification needed on our proposal, don’t hesitate to reach out. Sincerely, 4Tangram Interiors | City of Santa Ana City Council 14 – 21 10/1/2024 5Tangram Interiors | City of Santa Ana PROPOSAL FORMS 02 City Council 14 – 22 10/1/2024 CITY OF SANTA ANA Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. __________________________________________________________________________________ LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS __________________________________________________________________________________ BUSINESS ADDRESS __________________________________________________________________________________ PRINTED NAME OF AUTHORIZED AGENT TITLE __________________________________________________________________________________ SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS __________________________________________________________________________________ FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) __________________________________________________________________________________ CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT A PROPOSER’S CERTIFICATION, PROPOSAL PRICING City of Santa Ana RFP 24-080A Page 33 of 42 New Tangram, LLC dba Tangram Interiors 1375 Dove St #300, Newport Beach, CA 92660 Kimberly Barnow 37-1428740 349195 (See Next Page) 835539 Account Executive kbarnow@tangraminteriors.com (562) 365-5000 6Tangram Interiors | City of Santa Ana City Council 14 – 23 10/1/2024 7Tangram Interiors | City of Santa Ana City Council 14 – 24 10/1/2024 CITY OF SANTA ANA List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT B REFERENCES City of Santa Ana RFP 24-080A Page 34 of 42 Davie Gonzalez Ms. Griselda Lara Kyle Cason City of West Hollywood City of Chino City of Whittier 8300 Santa Monica Blvd. 13220 Central Avenue 13230 Penn St West Hollywood, CA 90069 Chino CA 91710 Whittier, CA 90602 323.848.6857 909.334.3481 562.567.9500 dgonzalez@weho.org glara@cityofchino.org kcason@cityofwhittier.org $600,000 $1.5M $1.2M Steelcase, ancillary and outdoor products for the WEHO Aquatic Park Steelcase, ancillary and outdoor products for the WEHO Aquatic Park Design, procure and install workstations, private offices & ancillary product if multiple departments throughout City Hall 2022 February 2023 – Present and Ongoing February 2023 – Present and Ongoing CITY OF SANTA ANA List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: __________________________________________________________________________________ REFERENCE Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number: _______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT B REFERENCES City of Santa Ana RFP 24-080A Page 34 of 42 8Tangram Interiors | City of Santa Ana City Council 14 – 25 10/1/2024 CITY OF SANTA ANA Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the 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 nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT C PROPOSER’S STATEMENT City of Santa Ana RFP 24-080A Page 35 of 42 New Tangram, LLC dba Tangram Interiors 7/17/24 Chief Financial Officer Nick Greenko 9Tangram Interiors | City of Santa Ana City Council 14 – 26 10/1/2024 10Tangram Interiors | City of Santa Ana City Council 14 – 27 10/1/2024 CITY OF SANTA ANA The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT E NON-LOBBYING CERTIFICATION City of Santa Ana RFP 24-080A Page 37 of 42 New Tangram, LLC dba Tangram Interiors Chief Financial Officer 7/17/24 11Tangram Interiors | City of Santa Ana City Council 14 – 28 10/1/2024 CITY OF SANTA ANA The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract ATTACHMENT F NON-DISCRIMINATION CERTIFICATION City of Santa Ana RFP 24-080A Page 38 of 42 12Tangram Interiors | City of Santa Ana City Council 14 – 29 10/1/2024 CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 39 of 42 New Tangram, LLC dba Tangram Interiors Chief Financial Officer 7/17/24 13Tangram Interiors | City of Santa Ana City Council 14 – 30 10/1/2024 CITY OF SANTA ANA On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third-party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity’s registration from SAM.gov, including UEI and active registration status. Proposer’s UEI:_______________________________________________ SAM.gov Registration Expiration Date:_____________________________ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT G SAM.GOV UEI VERIFICATION City of Santa Ana RFP 24-080A Page 40 of 42 SD87V9A7YPP2 2024 14Tangram Interiors | City of Santa Ana City Council 14 – 31 10/1/2024 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification) 1.Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant Name and Title of Official Authorized to Certify On Behalf of the Consultant _______________________________________ Date ATTACHMENT H ATTACHMENT H CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION City of Santa Ana RFP 24-080A Page 41 of 42 Nick Greenko, Chief Financial Officer 7/17/24 15Tangram Interiors | City of Santa Ana City Council 14 – 32 10/1/2024 INSTRUCTION FOR CERTIFICATION 1.By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3.The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4.The terms “covered transaction”, “debarment”, “suspension”, “disqualified,” “ineligible”, “lower tier covered transaction”, “participant”, “person”, “primary covered transaction”, “principal”, “proposal”, and “voluntarily excluded”, as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5.The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, disqualified, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6.The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title “Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction” unless it knows that the certification is erroneous. 7.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8.Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. ATTACHMENT H CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION ATTACHMENT H (continued) CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION City of Santa Ana RFP 24-080A Page 42 of 42 16Tangram Interiors | City of Santa Ana City Council 14 – 33 10/1/2024 17Tangram Interiors | City of Santa Ana SERVICES PROVIDED 03 City Council 14 – 34 10/1/2024 Agreement Statement A description of proposed services to be provided and how they meet the needs of the City as described in EXHIBIT I – Scope of Services and EXHIBIT VI – Furniture Specifications. Tangram Shall perform services as set forth by the City of Santa Ana according to Exhibit I below and comply with Exhibit VI – Furniture Specifications.CITY OF SANTA ANA Contractor shall perform services as set forth below and per Exhibit VI Furniture Specifications. 1.Contractor shall provide a dedicated local representative. 2.Contractor shall review drawing for completeness, accuracy, and proper application of product prior to installation. 3.Defective/Damaged Products/Missing Parts: Contractor shall notify City of defective /damaged / missing part products prior to delivery and place such products on re-order. Contractor shall notify City of lead time on re-ordered products. 4.Partial Shipments: Partial shipments will not be accepted by the City unless authorized by the City. 5.Manufacturer/Factory Delays: Contractor shall notify City of any manufacturer/factory delays. City reserves the right to cancel orders due to manufacturer/factory delays, if it is in the best interest of the City. The City may elect to cancel order and seek equivalent product from another course. The Contractor shall be held liable for price difference and the City may seek damages. 6.Missing Parts: At City’s request, Contractor shall provide usable and good quality loaner furniture for City’s use until missing parts are received and successfully installed to the satisfaction of the City. 7.Warehousing: Contractor(s) shall have the capacity to provide storage for office furniture ordered by the City when a project delay occurs. The Contractor(s) must provide warehousing at no cost to the City for a minimum of thirty (30) days. Please provide a monthly fee (to include any associated labor) for storage costs following the 30 days on Attachment J – Furniture Bid Form. 8.Any damage to City property incurred by Contractor will be repaired at the Contractor’s expense and any repairs will not be accepted unless approved by City. 9.Contractor shall pre-inspect furniture for quality, damages and/or completeness or order prior to scheduling delivery. 10.Contractor is responsible for the disposal of all packaging materials from products ordered by the City off and on City site. All trash and debris must be removed and disposed each day of installation in an appropriate manner. 11.Uncrating at location of delivery will not allowed unless authorized by City. 12.Furniture shall be delivered blanket wrapped, unwrapped, assembled, set in place, wiped clean of all fingerprints and function demonstrated to City. 13.Contractor shall ensure delivery site is left in a clean and orderly manner after installation is complete. EXHIBIT I SCOPE OF SERVICES City of Santa Ana RFP 24-080A Page 19 of 42 18Tangram Interiors | City of Santa Ana City Council 14 – 35 10/1/2024 Tangram Services Tangram Interiors partners with 300+ furniture makers to help you create stylish and functional spaces for offices, schools, and healthcare settings. We work closely with you to match your design preferences, budget, and timeline. By collaborating with a wide range of manufacturers, we can provide high-quality furniture at competitive prices for projects of any size or complexity. Our partner, Studio Other, designs custom furniture to express your brand in beautifully crafted workplaces. We aim to make your vision a reality, redefining how you work with a unique design experience. Collaborating with creative architects, designers, and brands that embrace uniqueness, we engage clients who are hands-on, risk-takers, and seeking partners to bring their concepts to life. Our experts revive old furniture by renewing different materials like wood, laminate, and metal. They’re also skilled in refurbishing and reupholstering. We offer cleaning services for furniture, wall coverings, flooring, and seating to eliminate years of wear and tear and bring back the original look and feel. Our Tech team knows how technology boosts communication, aids mobility, improves collaboration, and drives business success. Whether it’s HD telepresence boardrooms, surround sound theaters, enterprise-wide streaming, or managing your tech and building systems, we have it all covered. Our Ancillary Specialists are a bit like furniture matchmakers. Sourcing the comfy and stylish pieces you see in office lounges, meeting rooms, and other casual areas—spaces that aren’t your main work areas but still matter. We’re talking lounge chairs, sofas, and trendy tables. They know a lot about furniture and use their connections to find what you need. They focus on what you want, how it looks, the cost, and when you need it. Whether you’re relocating within your facility or undergoing a large-scale move, Tangram provides expert Move Management Services. Our on-site project manager oversees the planning and execution of the entire process. With more than 210,000 square feet of company-owned warehouse space, we have complete control over all aspects ensuring a seamless experience for our clients. Architectural walls are flexible walls that can be easily taken apart and reused, allowing you to customize your office layout as needed. These demountable wall systems offer great versatility, enhancing the visual appeal of your space while providing benefits like a superior fit and finish and effective sound privacy. Unlike traditional stick-built construction, these systems can’t be matched in terms of speed and cost-effectiveness. Tangram Construction Trades aims to make subcontracting easier with clear communication, precise installations, and hard work. Acting as a unified subcontractor with in-house resources, we handle various tasks, ensuring a hassle-free process for clients and partners. Our commitment is to deliver every project on time and within budget. CONTRACT FURNITURE CUSTOM FURNITURE FURNITURE REFURBISHMENT AUDIO/VISUAL INTEGRATION ANCILLARY SPECIALISTS MOVE + ASSET MANAGEMENT ARCHITECTURAL WALLS + FALKBUILT CONSTRUCTION TRADES 19Tangram Interiors | City of Santa Ana City Council 14 – 36 10/1/2024 20Tangram Interiors | City of Santa Ana AGREEMENT STATEMENT 04 City Council 14 – 37 10/1/2024 Agreement Statement Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT II – Sample Agreement and EXHIBIT IIIB Federal Contract Provisions of this RFP (if any). Tangram Agrees and has no concerns with any provisions. 21Tangram Interiors | City of Santa Ana City Council 14 – 38 10/1/2024 22Tangram Interiors | City of Santa Ana FIRM AND TEAM EXPERIENCE 05 City Council 14 – 39 10/1/2024 NEWPORT BEACH 1375 Dove Street, #300 Newport Beach, CA 92660 SANTA FE SPRINGS, CA (HQ) 9200 Sorensen Avenue Santa Fe Springs, CA 90670 DALLAS - FORT WORTH REGIONAL HEADQUARTERS 300 South Pearl Expressway, #200 Dallas, TX 75201 DOWNTOWN LA 527 West 7th Street, #1201 Los Angeles, CA 90014 BAKERSFIELD 7415 Meany Avenue Bakersfield, CA 93308 FRESNO 7700 N. Palm Ave, Suite 110, Fresno, CA 93711 Intro to Tangram Tangram was founded in 1963. Today, we are the leading interiors solutions provider in Southern California with over 400 employees across offices in Downtown Los Angeles, Newport Beach, Santa Fe Springs, Fresno and Bakersfield. In 2023, Tangram opened a new showroom and regional headquarters in Dallas, Texas. Over the years we have nurtured a collaborative and people-focused culture because we believe people fuel innovation. That culture has led to the organic growth of five business units which complement our core furniture offering: flooring, fabrication, custom furniture, move + asset management and audio- video design and integration. Tangram is currently a flagship dealership for Steelcase, Inc. In the past four years, Tangram’s annual sales volume has been top five for all North American Steelcase dealerships serving thousands of small, medium and large accounts. Annual Sales reached a record high $263M in 2023. Tangram is a proud WBENC-Certified Women’s Business Enterprise (WBE). 23Tangram Interiors | City of Santa Ana City Council 14 – 40 10/1/2024 Project Team POINT OF CONTACT Kimberly Barnow Michelle Gibbs Kellie Reed Traci Briggs Jennifer King Cassidy Briggs Sales Executive Designer Vice President of OC Sales + Healthcare Client Support Specialist Steelcase, Client Business Manager Project Manager kbarnow@tangraminteriors.com 949.204.7231 mgibbs@tangraminteriors.com 562.900.5319 kreed@tangraminteriors.com 559.281.2699 tbriggs@tangraminteriors.com 949.955.6764 jking4@steelcase.com 678.674.5363 cbriggs@tangraminteriors.com 949.486.510 24Tangram Interiors | City of Santa Ana City Council 14 – 41 10/1/2024 25Tangram Interiors | City of Santa Ana PROPOSED WORK PLAN 06 City Council 14 – 42 10/1/2024 Scope of Service Statement Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services. Tangram Shall perform services as set forth by the City of Santa Ana according to Exhibit I below and comply with Exhibit VI – Furniture Specifications 26Tangram Interiors | City of Santa Ana City Council 14 – 43 10/1/2024 Design & Implementation Our most essential self-imposed requirement is to provide a creative, out-of-the box client experience as we find, profile, and select the hundreds of different products that will constitute the Furniture Package. By nature, we are not prescriptive in our approach to envisioning our clients’ environments, or the products that follow. Our ideal scenario is to work shoulder-to-shoulder in formulating the solution set with the integrated team, utilizing our human and digital resources to their highest potentials. Due to our wide range of experience and knowledge as it relates to vendor and material providers, we can iterate quickly and tailor solutions to a client’s budget, functionality demands, and aesthetic aspirations. Our experience tells us that clients quickly recognize the difference between cost and value. Therefore, instead of chasing a low cost, we leverage our creative team to create and propose several options for consideration, spanning the range of cost, function, and aesthetic. Once you’ve focused on a narrower group of selections for each item, we then create a competitive environment between manufacturers, leveraging for their best discounted cost. Our team operates best when we are involved upstream in the Design Development process. A furniture design package has four defining values: functionality, aesthetic, cost and desired user experience. Because we are the experts as it relates to our products, their purpose, and the wide range of solutions in the marketplace, our expertise is best leveraged early in the process, when real progress in all four defining values can be made through a communicative process. We seamlessly integrate our internal team into the larger project team in order to foresee changes to the schedule and plan accordingly. Should the schedule become compressed (which happens quite often) we increase manpower to accommodate the requirements of the schedule. In the event that we are being asked to work multiple shifts and incur overtime, we create the applicable cost-scenarios within 48 hours of receiving schedule notification. Cost and schedule are further managed by our infrastructure, as well as that of our partners. Steelcase’s SAP-driven back-end system allows us a great deal of flexibility with regards to scheduling our direct shipments of furniture for installation. By using direct shipments, we avoid costly and time- consuming warehousing and double-handling. As one of the largest provider of contract furniture dealers in Southern California, we receive the best pricing from our installation subcontractors, which is passed onto you in the form of lower install costs and/or higher degrees of service, as well as follow-up during installation. We also use our position as a Top 5 Steelcase dealer nationwide to leverage for best pricing with our top partners. This gives us the control and flexibility to tailor our costs to the budgetary demands of our clients. USER COMFORT ADJUSTMENTS A RANGE OF COSTS, FUNCTIONS + AESTHETICS EARLY INVOLVEMENT SCHEDULE CONTROL ACHIEVING THE BEST PRICING 27Tangram Interiors | City of Santa Ana City Council 14 – 44 10/1/2024 Project Schedule ID Task Name Duration Start Finish 1 Furniture schedule 452 days Thu 6/20/24 Fri 3/13/26 2 Pre-Proposal Meeting 1 day Thu 6/20/24 Thu 6/20/24 3 RFP Response 1 day Thu 7/11/24 Thu 7/11/24 4 Project Award 1 day Fri 8/9/24 Fri 8/9/24 5 Design Meetings 270 days Mon 8/12/24 Fri 8/22/25 6 Final specification / layout approval 1 day Fri 8/29/25 Fri 8/29/25 7 Internal audit of specification 15 days Mon 9/1/25 Fri 9/19/25 8 Quote issued 1 day Fri 9/26/25 Fri 9/26/25 9 PO Received / Order Entry 1 day Fri 10/17/25 Fri 10/17/25 10 Order, production, & shipping 90 days Mon 10/20/25 Fri 2/20/26 11 Project Execution 10 days Mon 2/23/26 Fri 3/6/26 12 Punch and project approval complete 5 days Mon 3/9/26 Fri 3/13/26 Pre Proposal Meeting RFP Response Project Award Design Meetings Final specification layout approval Internal audit of specification Quote issued PO Received Order Entry Order, production, & shipping Project Execution Punch and project approval complete Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar2nd Half 1st Half 2nd Half 1st Half Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress City of Santa Ana26 Civic Center PlazaSanta Ana, CA 92701Preliminary Furniture Schedule Page 1 Project: City of Santa Ana - PF 678270Date: Thu 6/13/24 28Tangram Interiors | City of Santa Ana City Council 14 – 45 10/1/2024 29Tangram Interiors | City of Santa Ana COST PROPOSAL 07 City Council 14 – 46 10/1/2024 31Tangram Interiors | City of Santa Ana Pricing Package B PLAN CODE ITEM MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST B-1 Bench COALESSE TOGETHER BENCH 6 WEEKS 1 $ 3,900.00 $ 3,900.00 B-2 Bench COALESSE RIPPLE UPHOLSTERED WAVE SEAT 4 WEEKS 1 $ 2,028.00 $ 2,028.00 CL-3 Lounge Chair STEELCASE i2i LOUNGE CHAIR 6 WEEKS 4 $ 1,640.00 $ 6,560.00 CL-5 Lounge Chair BLUDOT NONESUCH 4 $ 1,064.00 $ 4,256.00 CL-6 Lounge Chair COALESSE PASSERELLE 4 WEEKS 1 $ 2,418.00 $ 2,418.00 CR-3 Reader Chair COALESSE ENEA ALTZO 943 8 WEEKS 7 $ 408.00 $ 2,856.00 CR-4 Reader Stool COALESSE ENEA ALTZO 943 STOOL 8 WEEKS 9 $ 532.00 $ 4,788.00 CR-5 Reader Chair STEELCASE SHORTCUT WOOD CHAIR 6 WEEKS 4 $ 540.00 $ 2,160.00 CR-6 Reader Chair BLUDOT PORT CHAIR 8 $ 490.00 $ 3,920.00 CR-8 Reader Stool STEELCASE FACET BARSTOOL 6 WEEKS 12 $ 444.00 $ 5,328.00 TS-1a Side Table STEELCASE CAMPFIRE PAPER TABLE 4-6 WEEKS 5 $ 681.00 $ 3,405.00 TS-1b Side Table STEELCASE CAMPFIRE PAPER TABLE 4-6 WEEKS 2 $ 971.00 $ 1,942.00 TS-3 Side Table COALESSE TREES SIDE TABLE 4-6 WEEKS 3 $ 2,540.00 $ 7,620.00 TR-1A Reader Table COALESSE POTRERO415 COLLAB STANDARD 5 WEEKS 6 $ 5,208.00 $ 31,248.00 TR-1B Reader Table COALESSE POTRERO415 COLLAB STANDING 5 WEEKS 3 $ 5,518.00 $ 16,554.00 TR-1C Reader Table COALESSE POTRERO415 COLLAB STANDARD 5 WEEKS 1 $ 5,093.00 $ 5,093.00 TR-1D Reader Table COALESSE POTRERO415 COLLAB STANDARD 5 WEEKS 4 $ 4,837.00 $ 19,348.00 TR-1E Reader Table COALESSE POTRERO415 COLLAB STANDARD 5 WEEKS 2 $ 2,718.00 $ 5,436.00 TR-1Fa Reader Table COALESSE POTRERO415 COLLAB SQUARE 5 WEEKS 4 $ 2,512.00 $ 10,048.00 TR-1Fb Reader Table COALESSE POTRERO415 COLLAB SQUARE 5 WEEKS 1 $ 3,355.00 $ 3,355.00 TR-1Fc Reader Table COALESSE POTRERO415 COLLAB SQUARE 5 WEEKS 1 $ 2,377.00 $ 2,377.00 TR-1G Reader Table COALESSE POTRERO415 COLLAB 5 WEEKS 1 $ 6,641.00 $ 6,641.00 TT-1 Technology Table COALESSE POTRERO415 COLLAB SEATED 5 WEEKS 1 $13,269.00 $ 13,269.00 TM-1A Meeting Table STEELCASE VERB FLIP-TOP 7 WEEKS 14 $ 1,262.00 $ 17,668.00 TM-1B Meeting Table STEELCASE VERB FLIP-TOP 7 WEEKS 4 $ 1,272.00 $ 5,088.00 TM-1C Meeting Table STEELCASE VERB FLIP-TOP 7 WEEKS 2 $ 1,367.00 $ 2,734.00 ST-1 Storage Credenza STEELCASE CONVENE LOCKING CABINETS 5 WEEKS 3 $ 2,164.00 $ 6,492.00 ST-2 Storage Credenza STEELCASE EXPONENTS CREDENZA 6 WEEKS 2 $ 5,868.00 $ 11,736.00 $ 222,427.00 FURNITURE PACKAGE B (lump sum award) Bid Form-Attachment J FREIGHT $ 1,940.00 GRAND TOTAL FURNITURE PACKAGE B (A+B) GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B): Two hundred twenty two thousand four hundred twenty seven dollars and zero cents. SUBTOTAL FURNITURE PACKAGE B (A) $ 208,268.00 Design, Receive, Deliver, and Install Costs (B) $ 12,219.00 Storage Costs After 1 Month Free Storage (Monthly Fee-to include all labor associated with storage) $ 1,085.00 City Council 14 – 47 10/1/2024 33Tangram Interiors | City of Santa Ana Pricing Package D PLAN CODE ITEM MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST FL-1 File Cabinet STEELCASE UNIVERSAL LATERAL 5 DRAWER 6 WEEKS 2 $ 1,285.00 $ 2,570.00 FL-1A File Cabinet STEELCASE UNIVERSAL LATERAL 5 DRAWER 6 WEEKS 2 $ 1,271.55 $ 2,543.10 CT-1 Task Chair STEELCASE GESTURE WORK CHAIR 442 4 WEEKS 76 $ 950.74 $ 72,256.24 SS-1A Storage Shelving AURORA QUIK-LOK SHELVING 30 $ 417.96 $ 12,538.80 SS-1B Storage Shelving AURORA QUIK-LOK SHELVING 21 $ 606.56 $ 12,737.76 ST-3 Storage Cabinet AURORA QUIK-LOK SHELVING 23 $ 870.50 $ 20,021.50 ST-4 Storage Cabinet ULINE VERTICAL FILE CABINET 2-4 WEEKS 2 $ 665.00 $ 1,330.00 W-1 Workstation STEELCASE ANSWER PANEL SYSTEM 5 WEEKS 40 $ 3,953.06 $ 158,122.40 W-2 Workstation STEELCASE ANSWER PANEL SYSTEM 5 WEEKS 9 $ 3,268.00 $ 29,412.00 W-3 Workstation STEELCASE ANSWER PANEL SYSTEM 5 WEEKS 17 $ 1,013.47 $ 17,228.99 W-4 Workstation STEELCASE MIGRATION SE 11 WEEKS 6 $ 784.00 $ 4,704.00 $ 395,107.79 OFFICE FURNITURE PACKAGE D (lump sum award) Bid Form-Attachment J SUBTOTAL OFFICE FURNITURE PACKAGE D (A) $ 333,464.79 Design, Receive, Deliver, and Install Costs (B) $56,097.00 FREIGHT $5,546.00 Storage Costs After 1 Month Free Storage (Monthly Fee-to include all labor associated with storage) $2,820.00 GRAND TOTAL OFFICE FURNITURE PACKAGE D (A+B) GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B): Three hundred ninety five thousand one hundred seven dollars and seventy nine cents. City Council 14 – 48 10/1/2024 September 4, 2024 Dear Eddie Perkins, At your request, I’m providing the sales tax information for Furniture Package B. Using the Santa Ana sales tax rate of 9.25%, the tax for Package B is equal to $20,575. Grand Total Furniture Package (A+B) = $222,427 Sales Tax = $20,575 = $243,002 Grand Total Furniture Package (A+B) + Sales Tax Written in Words: Two hundred forty-three thousand and two dollars. Please let me know if you have any questions or whether additional clarifications are needed. Kimberly Barnow Sales Executive City Council 14 – 49 10/1/2024 September 4, 2024 Dear Eddie Perkins, At your request, I’m providing the sales tax information for Furniture Package D. Using the Santa Ana sales tax rate of 9.25%, the tax for Package D is equal to $36,548. Grand Total Furniture Package (A+B) = $395,107.79 Sales Tax = $36,548 = $431,655.79 Grand Total Furniture Package (A+B) + Sales Tax Written in Words: Three hundred thirty one thousand six hundred fifty five dollars and seventy nine cents. Please let me know if you have any questions or whether additional clarifications are needed. Kimberly Barnow Sales Executive City Council 14 – 50 10/1/2024 34Tangram Interiors | City of Santa Ana DESIGN RENDERINGS 08 City Council 14 – 51 10/1/2024 W-1 Answer Panel / Universal Surface / Migration SE HAD / Universal Overhead / Universal Personal Locker / AMQ S-Series Mobile Ped / Powerstrip Intro 35Tangram Interiors | City of Santa Ana City Council 14 – 52 10/1/2024 W-2 Universal Surface / Migration SE HAD / Universal Overhead / Universal Personal Locker / AMQ S-Series Mobile Ped / Powerstrip Intro / Wall Mount Slatwall Tile 36Tangram Interiors | City of Santa Ana City Council 14 – 53 10/1/2024 W-3 (2-Pack) Universal Surface / AMQ S-Series Mobile Ped / Powerstrip Intro 37Tangram Interiors | City of Santa Ana City Council 14 – 54 10/1/2024 W-3 (8-Pack) Answer Panel / Universal Surface / AMQ S-Series Mobile Ped / Powerstrip Intro 38Tangram Interiors | City of Santa Ana City Council 14 – 55 10/1/2024 tangraminteriors.com City Council 14 – 56 10/1/2024 An oicial website of the United States government Here’s how you know Home Search Data Bank Data Services Help Requests Notifications Workspace Sign Out Core Data Business Information Entity Types Financial Information Points of Contact Assertions Reps and Certs (FAR/DFARS) Reps and Certs (Financial Assistance) Exclusions Responsibility / Qualification Entity Registration Core Data Active Registration Expiration Date NEW TANGRAM, LLC Entity Information Unique Entity ID SD87V9A7YPP2 CAGE/NCAGE 3QCK4 Jan 1, 2025 7/18/24, 10:09 AM SAM.gov https://sam.gov/entities/view/SD87V9A7YPP2/coreData?status=Active&emrKeyValue=1511881~1704186888972503 1/5 City Council 14 – 57 10/1/2024 BUSINESS INFORMATION Executive Compensation Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions. SAM SEARCH AUTHORIZATION Physical Address 9200 Sorensen AVE Santa Fe Springs, California 90670-2645, United States Mailing Address 9200 Sorensen AVE Santa Fe Springs, California 90670-2645, United States Purpose of Registration All Awards Version Current Record Doing Business As NEW TANGRAM LLC URL www.tangraminteriors.com Division Name Tangram Interiors Division Number (blank) Congressional District California 38 State/Country of Incorporation Michigan, United States Owner CAGE Legal Business Name Immediate Owner (blank)(blank) Highest Level Owner (blank)(blank) Registration Dates Entity Dates Activation Date Jan 4, 2024 Submission Date Jan 2, 2024 Initial Registration Date Jan 28, 2004 Entity Start Date Nov 1, 1994 Fiscal Year End Close Date Dec 31 I authorize my entity's non-sensitive information to be displayed in SAM public search results: 7/18/24, 10:09 AM SAM.gov https://sam.gov/entities/view/SD87V9A7YPP2/coreData?status=Active&emrKeyValue=1511881~1704186888972503 2/5 City Council 14 – 58 10/1/2024 Yes ENTITY TYPES FINANCIAL INFORMATION ACCOUNT DETAILS EFT Indicator 0000 CAGE Code 3QCK4 POINTS OF CONTACT Business Types Entity Structure Corporate Entity (Not Tax Exempt) Entity Type Business or Organization Profit Structure For Profit Organization Organization Factors Limited Liability Company Socio-Economic Types Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. Payments Accepts Credit Card Payments Yes Debt Subject To Oset No 7/18/24, 10:09 AM SAM.gov https://sam.gov/entities/view/SD87V9A7YPP2/coreData?status=Active&emrKeyValue=1511881~1704186888972503 3/5 City Council 14 – 59 10/1/2024 Electronic Business Government Business Primary Point of Contact Tina Jackson Address 9200 Sorensen Avenue Santa Fe Springs, California 90670-2645 United States Alternate Point of Contact Kimberly Wiggs, Sales Director Address 9200 Sorenson AVE Tangram Interiors Santa Fe Springs, California 90670 United States Primary Point of Contact Rhonda Law, Account Manager Address 9200 Sorensen Avenue Santa Fe Springs, California 90670-2645 United States 7/18/24, 10:09 AM SAM.gov https://sam.gov/entities/view/SD87V9A7YPP2/coreData?status=Active&emrKeyValue=1511881~1704186888972503 4/5 City Council 14 – 60 10/1/2024 WARNING SAM.gov An oicial website of the U.S. General Services Administration Our Website About This Site Our Community Release Notes System Alerts Our Partners Acquisition.gov USASpending.gov Grants.gov More Partners Policies Terms of Use Privacy Policy Restricted Data Use Freedom of Information Act Accessibility Customer Service Help Check Entity Status Federal Service Desk External Resources Contact This is a U.S. General Services Administration Federal Government computer system that is "FOR OFFICIAL USE ONLY." 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All individuals viewing, reproducing or disposing of this information are required to protect it in accordance with 32 CFR Part 2002 and GSA Order CIO 2103.2 CUI Policy. 7/18/24, 10:09 AM SAM.gov https://sam.gov/entities/view/SD87V9A7YPP2/coreData?status=Active&emrKeyValue=1511881~1704186888972503 5/5 City Council 14 – 61 10/1/2024 EXHIBIT C City Council 14 – 62 10/1/2024 31Tangram Interiors | City of Santa Ana Pricing Package B PLAN CODE ITEM MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST B-1 Bench COALESSE TOGETHER BENCH 6 WEEKS 1 $ 3,900.00 $ 3,900.00 B-2 Bench COALESSE RIPPLE UPHOLSTERED WAVE SEAT 4 WEEKS 1 $ 2,028.00 $ 2,028.00 CL-3 Lounge Chair STEELCASE i2i LOUNGE CHAIR 6 WEEKS 4 $ 1,640.00 $ 6,560.00 CL-5 Lounge Chair BLUDOT NONESUCH 4 $ 1,064.00 $ 4,256.00 CL-6 Lounge Chair COALESSE PASSERELLE 4 WEEKS 1 $ 2,418.00 $ 2,418.00 CR-3 Reader Chair COALESSE ENEA ALTZO 943 8 WEEKS 7 $ 408.00 $ 2,856.00 CR-4 Reader Stool COALESSE ENEA ALTZO 943 STOOL 8 WEEKS 9 $ 532.00 $ 4,788.00 CR-5 Reader Chair STEELCASE SHORTCUT WOOD CHAIR 6 WEEKS 4 $ 540.00 $ 2,160.00 CR-6 Reader Chair BLUDOT PORT CHAIR 8 $ 490.00 $ 3,920.00 CR-8 Reader Stool STEELCASE FACET BARSTOOL 6 WEEKS 12 $ 444.00 $ 5,328.00 TS-1a Side Table STEELCASE CAMPFIRE PAPER TABLE 4-6 WEEKS 5 $ 681.00 $ 3,405.00 TS-1b Side Table STEELCASE CAMPFIRE PAPER TABLE 4-6 WEEKS 2 $ 971.00 $ 1,942.00 TS-3 Side Table COALESSE TREES SIDE TABLE 4-6 WEEKS 3 $ 2,540.00 $ 7,620.00 TR-1A Reader Table COALESSE POTRERO415 COLLAB STANDARD 5 WEEKS 6 $ 5,208.00 $ 31,248.00 TR-1B Reader Table COALESSE POTRERO415 COLLAB STANDING 5 WEEKS 3 $ 5,518.00 $ 16,554.00 TR-1C Reader Table COALESSE POTRERO415 COLLAB STANDARD 5 WEEKS 1 $ 5,093.00 $ 5,093.00 TR-1D Reader Table COALESSE POTRERO415 COLLAB STANDARD 5 WEEKS 4 $ 4,837.00 $ 19,348.00 TR-1E Reader Table COALESSE POTRERO415 COLLAB STANDARD 5 WEEKS 2 $ 2,718.00 $ 5,436.00 TR-1Fa Reader Table COALESSE POTRERO415 COLLAB SQUARE 5 WEEKS 4 $ 2,512.00 $ 10,048.00 TR-1Fb Reader Table COALESSE POTRERO415 COLLAB SQUARE 5 WEEKS 1 $ 3,355.00 $ 3,355.00 TR-1Fc Reader Table COALESSE POTRERO415 COLLAB SQUARE 5 WEEKS 1 $ 2,377.00 $ 2,377.00 TR-1G Reader Table COALESSE POTRERO415 COLLAB 5 WEEKS 1 $ 6,641.00 $ 6,641.00 TT-1 Technology Table COALESSE POTRERO415 COLLAB SEATED 5 WEEKS 1 $13,269.00 $ 13,269.00 TM-1A Meeting Table STEELCASE VERB FLIP-TOP 7 WEEKS 14 $ 1,262.00 $ 17,668.00 TM-1B Meeting Table STEELCASE VERB FLIP-TOP 7 WEEKS 4 $ 1,272.00 $ 5,088.00 TM-1C Meeting Table STEELCASE VERB FLIP-TOP 7 WEEKS 2 $ 1,367.00 $ 2,734.00 ST-1 Storage Credenza STEELCASE CONVENE LOCKING CABINETS 5 WEEKS 3 $ 2,164.00 $ 6,492.00 ST-2 Storage Credenza STEELCASE EXPONENTS CREDENZA 6 WEEKS 2 $ 5,868.00 $ 11,736.00 $ 222,427.00 FURNITURE PACKAGE B (lump sum award) Bid Form-Attachment J FREIGHT $ 1,940.00 GRAND TOTAL FURNITURE PACKAGE B (A+B) GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B): Two hundred twenty two thousand four hundred twenty seven dollars and zero cents. SUBTOTAL FURNITURE PACKAGE B (A) $ 208,268.00 Design, Receive, Deliver, and Install Costs (B) $ 12,219.00 Storage Costs After 1 Month Free Storage (Monthly Fee-to include all labor associated with storage) $ 1,085.00 City Council 14 – 63 10/1/2024 33Tangram Interiors | City of Santa Ana Pricing Package D PLAN CODE ITEM MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST FL-1 File Cabinet STEELCASE UNIVERSAL LATERAL 5 DRAWER 6 WEEKS 2 $ 1,285.00 $ 2,570.00 FL-1A File Cabinet STEELCASE UNIVERSAL LATERAL 5 DRAWER 6 WEEKS 2 $ 1,271.55 $ 2,543.10 CT-1 Task Chair STEELCASE GESTURE WORK CHAIR 442 4 WEEKS 76 $ 950.74 $ 72,256.24 SS-1A Storage Shelving AURORA QUIK-LOK SHELVING 30 $ 417.96 $ 12,538.80 SS-1B Storage Shelving AURORA QUIK-LOK SHELVING 21 $ 606.56 $ 12,737.76 ST-3 Storage Cabinet AURORA QUIK-LOK SHELVING 23 $ 870.50 $ 20,021.50 ST-4 Storage Cabinet ULINE VERTICAL FILE CABINET 2-4 WEEKS 2 $ 665.00 $ 1,330.00 W-1 Workstation STEELCASE ANSWER PANEL SYSTEM 5 WEEKS 40 $ 3,953.06 $ 158,122.40 W-2 Workstation STEELCASE ANSWER PANEL SYSTEM 5 WEEKS 9 $ 3,268.00 $ 29,412.00 W-3 Workstation STEELCASE ANSWER PANEL SYSTEM 5 WEEKS 17 $ 1,013.47 $ 17,228.99 W-4 Workstation STEELCASE MIGRATION SE 11 WEEKS 6 $ 784.00 $ 4,704.00 $ 395,107.79 OFFICE FURNITURE PACKAGE D (lump sum award) Bid Form-Attachment J SUBTOTAL OFFICE FURNITURE PACKAGE D (A) $ 333,464.79 Design, Receive, Deliver, and Install Costs (B) $56,097.00 FREIGHT $5,546.00 Storage Costs After 1 Month Free Storage (Monthly Fee-to include all labor associated with storage) $2,820.00 GRAND TOTAL OFFICE FURNITURE PACKAGE D (A+B) GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B): Three hundred ninety five thousand one hundred seven dollars and seventy nine cents. City Council 14 – 64 10/1/2024 September 4, 2024 Dear Eddie Perkins, At your request, I’m providing the sales tax information for Furniture Package B. Using the Santa Ana sales tax rate of 9.25%, the tax for Package B is equal to $20,575. Grand Total Furniture Package (A+B) = $222,427 Sales Tax = $20,575 = $243,002 Grand Total Furniture Package (A+B) + Sales Tax Written in Words: Two hundred forty-three thousand and two dollars. Please let me know if you have any questions or whether additional clarifications are needed. Kimberly Barnow Sales Executive City Council 14 – 65 10/1/2024 September 4, 2024 Dear Eddie Perkins, At your request, I’m providing the sales tax information for Furniture Package D. Using the Santa Ana sales tax rate of 9.25%, the tax for Package D is equal to $36,548. Grand Total Furniture Package (A+B) = $395,107.79 Sales Tax = $36,548 = $431,655.79 Grand Total Furniture Package (A+B) + Sales Tax Written in Words: Three hundred thirty one thousand six hundred fifty five dollars and seventy nine cents. Please let me know if you have any questions or whether additional clarifications are needed. Kimberly Barnow Sales Executive City Council 14 – 66 10/1/2024 EXHIBIT D City Council 14 – 67 10/1/2024 1 FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Contractor shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit. 1.REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a)Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b)Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Contractor agrees as follows during the performance of this Agreement: (i)The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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. (ii)The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii)The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigatio n, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (iv)The Contractor will 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. City Council 14 – 68 10/1/2024 2 (v) The Contractor will 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. (vi) The Contractor will 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 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. (vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted constr uction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Contractor and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction City Council 14 – 69 10/1/2024 3 contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The City Council 14 – 70 10/1/2024 4 Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Contractor must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) – Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, City Council 14 – 71 10/1/2024 5 or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials: (i) Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Contractor shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications City Council 14 – 72 10/1/2024 6 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement: (i) Contractor shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; City Council 14 – 73 10/1/2024 7 (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Contractor agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Contractor which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Contractor for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Government-wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. City Council 14 – 74 10/1/2024 8 (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Contractor agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Contractor understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: Congress; (1) A member of Congress or a representative of a committee of (2) An Inspector General; (3) The Government Accountability Office; City Council 14 – 75 10/1/2024 9 (4) A Treasury employee responsible for contract or grant oversight or management; (5) An authorized official of the Department of Justice or other law enforcement agency; (6) A court or grand jury; or (7) A management official or other employee of Contractor, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Contractor ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Contractor acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Contractor understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Contractor shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Contractor understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Contractor agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. City Council 14 – 76 10/1/2024 10 (iv) Contractor acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Contractor and Contractor’s successors, transferees and assignees for the period in which such assistance is provided. (v) Contractor agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Contractor and the Contractor’s subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) Contractor understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Contractor, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Contractor for the period during which it retains ownership or possession of the property. (vii) Contractor shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Contractor shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Contractor must also inform the Department of the Treasury if Contractor has received no complaints under Title VI. (ix) Contractor must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Contractor and the administrative agency that made the finding. If the Contractor settles a case or matter alleging such discrimination, Contractor must provide documentation of the settlement. If Contractor has not been the subject of any court or administrative agency finding of discrimination, please so state. If Contractor makes sub-awards to other agencies or other entities, Contractor is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance. City Council 14 – 77 10/1/2024 Agreement_New Tangram LLC dba Tangram Interiors (Library Furniture) unsigned Final Audit Report 2024-09-16 Created:2024-09-16 By:Dylan Dario (ddario@santa-ana.org) Status:Signed Transaction ID:CBJCHBCAABAATn5FXXOCvIxNBEheep2whA0Lwr896-va "Agreement_New Tangram LLC dba Tangram Interiors (Library Furniture) unsigned" History Document created by Dylan Dario (ddario@santa-ana.org) 2024-09-16 - 4:22:39 PM GMT Document emailed to Brian Sternberg (bsternberg@santa-ana.org) for signature 2024-09-16 - 4:23:08 PM GMT Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2024-09-16 - 4:37:26 PM GMT Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date: 2024-09-16 - 4:37:34 PM GMT - Time Source: server Document emailed to Nick Greenko (ngreenko@tangraminteriors.com) for signature 2024-09-16 - 4:37:38 PM GMT Email viewed by Nick Greenko (ngreenko@tangraminteriors.com) 2024-09-16 - 4:55:54 PM GMT Document e-signed by Nick Greenko (ngreenko@tangraminteriors.com) Signature Date: 2024-09-16 - 5:02:20 PM GMT - Time Source: server Agreement completed. 2024-09-16 - 5:02:20 PM GMT City Council 14 – 78 10/1/2024 City Council 14 – 79 10/1/2024 City Council 14 – 80 10/1/2024 City Council 14 – 81 10/1/2024 City Council 14 – 82 10/1/2024 City Council 14 – 83 10/1/2024 City Council 14 – 84 10/1/2024 City Council 14 – 85 10/1/2024 City Council 14 – 86 10/1/2024 City Council 14 – 87 10/1/2024 City Council 14 – 88 10/1/2024 City Council 14 – 89 10/1/2024 City Council 14 – 90 10/1/2024 City Council 14 – 91 10/1/2024 City Council 14 – 92 10/1/2024 City Council 14 – 93 10/1/2024 City Council 14 – 94 10/1/2024 City Council 14 – 95 10/1/2024 City Council 14 – 96 10/1/2024 City Council 14 – 97 10/1/2024 City Council 14 – 98 10/1/2024 City Council 14 – 99 10/1/2024 City Council 14 – 100 10/1/2024 City Council 14 – 101 10/1/2024 City Council 14 – 102 10/1/2024 City Council 14 – 103 10/1/2024 City Council 14 – 104 10/1/2024 City Council 14 – 105 10/1/2024 City Council 14 – 106 10/1/2024 City Council 14 – 107 10/1/2024 City Council 14 – 108 10/1/2024 City Council 14 – 109 10/1/2024 City Council 14 – 110 10/1/2024 City Council 14 – 111 10/1/2024 City Council 14 – 112 10/1/2024 City Council 14 – 113 10/1/2024 City Council 14 – 114 10/1/2024 City Council 14 – 115 10/1/2024 City Council 14 – 116 10/1/2024 City Council 14 – 117 10/1/2024 City Council 14 – 118 10/1/2024 City Council 14 – 119 10/1/2024 City Council 14 – 120 10/1/2024 City Council 14 – 121 10/1/2024 City Council 14 – 122 10/1/2024 City Council 14 – 123 10/1/2024 City Council 14 – 124 10/1/2024 City Council 14 – 125 10/1/2024 City Council 14 – 126 10/1/2024 City Council 14 – 127 10/1/2024 City Council 14 – 128 10/1/2024 City Council 14 – 129 10/1/2024 City Council 14 – 130 10/1/2024 City Council 14 – 131 10/1/2024 City Council 14 – 132 10/1/2024 City Council 14 – 133 10/1/2024 City Council 14 – 134 10/1/2024 City Council 14 – 135 10/1/2024 City Council 14 – 136 10/1/2024 City Council 14 – 137 10/1/2024 City Council 14 – 138 10/1/2024 City Council 14 – 139 10/1/2024 City Council 14 – 140 10/1/2024 City Council 14 – 141 10/1/2024 City Council 14 – 142 10/1/2024 City Council 14 – 143 10/1/2024 City Council 14 – 144 10/1/2024 City Council 14 – 145 10/1/2024 City Council 14 – 146 10/1/2024 City Council 14 – 147 10/1/2024 City Council 14 – 148 10/1/2024 City Council 14 – 149 10/1/2024 City Council 14 – 150 10/1/2024 City Council 14 – 151 10/1/2024 CITY OF SANTA ANA AGREEMENT WITH J.K. MIKLIN, INC., DBA YAMADA ENTERPRISES TO PROVIDE PUBLIC AND OFFICE FURNITURE AND INSTALLATION SERVICES FOR THE MAIN LIBRARY RENOVATION PROJECT THIS AGREEMENT is made and entered into this 1st day of October 2024 by and between J.K. Miklin, Inc., a California corporation dba Yamada Enterprises (“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. B. C. On June 6, 2024, the City issued Request for Proposals (“RFP”) No. 24-080A, by which it sought a qualified contractor to provide library public furniture and modular officer furniture services. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-080A. 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 Contractor shall perform the services described in the Scope of Work from RFP No. 24- 080A attached hereto as Exhibit A and incorporated in full, and as further described in Contractor’s Proposal, attached hereto as Exhibit B and incorporated in full. 2.COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Contractor’s Fee Schedule, which is attached as Exhibit C and incorporated in full. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed Four Hundred Seventy-Three Thousand, Seven Hundred Fifty-Nine and 00/100 Dollars ($473,759). The sum is comprised of (1) the base amount of $411,964 and (2) a fifteen percent (15%) contingency in the amount of $61,795 for additional services at the City’s sole discretion. b.Payment by City shall be made within forty-five (45) days following receipt of Page 1 of 11 City Council 14 – 152 10/1/2024 proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions. c.Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3.TERM This Agreement shall commence on the date first written above and terminate on December 31, 2026, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to one (1) one-year period upon a writing executed by the City Manager and City Attorney. 4.PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5.INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Page 2 of 11 City Council 14 – 153 10/1/2024 6.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. a.Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL). Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Require policy limits can be met with primary and umbrella/excess insurance policies. (2) Automobile Liability (AL). ISO Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. (3) Workers’ Compensation. As required by the State of California, with statutory limits, and employer’s liability insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees (4) Broader Coverage. 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. Page 3 of 11 City Council 14 – 154 10/1/2024 b.Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: (1) Additional Insured Status. The City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and AL policies 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. (2) Waiver of Subrogation. Contractor shall require its insurance company(ies) to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from performed by Contractor for City. (3) Primary Coverage. For any claims related to this contract, the Contractor’s insurance coverage shall be primary and any insurance or self-insurance maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (4) Severability. A severability of interest provision must apply for all the additional insured, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. (5) Notice of Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. (6) Certificate Holder. The Certificate Holder on each Evidence of the Insurance certificate shall be: City of Santa Ana, Attn: (name of department staff responsible for Agreement), 20 Civic Center Plaza M-XX (responsible staff’s department mail box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. c.Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. City may require 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. Page 4 of 11 City Council 14 – 155 10/1/2024 d.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. e.Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. f.Claims Made Policies. If any of the required policies provide coverage on a claims-made basis: (1) The retroactive date must be shown and must be before the date of the Agreement or the beginning of work. (2) Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. (3) If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work. g.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 Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the 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, Page 5 of 11 City Council 14 – 156 10/1/2024 by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9.INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10.RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11.CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of Page 6 of 11 City Council 14 – 157 10/1/2024 law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12.CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13.NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City:City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Library Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: J.K. Miklin, Inc., dba Yamada Enterprises Attn: Jr. Arroyo, Representative 16552 Burke Lane Huntington Beach, CA 92647 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Page 7 of 11 City Council 14 – 158 10/1/2024 Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15.ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17.TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a.As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b.Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18.NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital Page 8 of 11 City Council 14 – 159 10/1/2024 status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19.JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20.PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21.FUNDING-RELATED PROVISIONS Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Contractor shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a.Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); b.U.S. Department of the Treasury (“Treasury”) Final Rule for the Act, available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf; c.Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf; d.2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; Page 9 of 11 City Council 14 – 160 10/1/2024 e. f. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and Federal contract provisions attached hereto as Exhibit D and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. 22.MISCELLANEOUS PROVISIONS a.Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b.All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page follows] Page 10 of 11 City Council 14 – 161 10/1/2024 SIGNATURE PAGE FOR AGREEMENT WITH J.K. MIKLIN, INC., DBA YAMADA ENTERPRISES TO PROVIDE PUBLIC AND OFFICE FURNITURE AND INSTALLATION SERVICES FOR THE MAIN LIBRARY RENOVATION PROJECT IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST:CITY OF SANTA ANA ________________________ Jennifer L. Hall _________________________ Alvaro Nuñez City Clerk City Manager APPROVED AS TO FORM SONIA R. CARVALHO City Attorney CONTRACTOR By ____________________________ Parker Braverman Deputy City Attorney President RECOMMENDED FOR APPROVAL ____________________________ Brian Sternberg. Executive Director Library Services Agency Page 11 of 11 City Council 14 – 162 10/1/2024 EXHIBIT A City Council 14 – 163 10/1/2024 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall perform services as set forth below and per Exhibit VI Furniture Specifications. 1. 2. Contractor shall provide a dedicated local representative. Contractor shall review drawing for completeness, accuracy, and proper application of product prior to installation. 3.Defective/Damaged Products/Missing Parts: Contractor shall notify City of defective /damaged / missing part products prior to delivery and place such products on re-order. Contractor shall notify City of lead time on re-ordered products. 4. 5. Partial Shipments: Partial shipments will not be accepted by the City unless authorized by the City. Manufacturer/Factory Delays: Contractor shall notify City of any manufacturer/factory delays. City reserves the right to cancel orders due to manufacturer/factory delays, if it is in the best interest of the City. The City may elect to cancel order and seek equivalent product from another course. The Contractor shall be held liable for price difference and the City may seek damages. Missing Parts: At City’s request, Contractor shall provide usable and good quality loaner furniture for City’s use until missing parts are received and successfully installed to the satisfaction of the City. Warehousing: Contractor(s) shall have the capacity to provide storage for office furniture ordered by the City when a project delay occurs. The Contractor(s) must provide warehousing at no cost to the City for a minimum of thirty (30) days. Please provide a monthly fee (to include any associated labor) for storage costs following the 30 days on Attachment J – Furniture Bid Form. 6. 7. 8.Any damage to City property incurred by Contractor will be repaired at the Contractor’s expense and any repairs will not be accepted unless approved by City. 9.Contractor shall pre-inspect furniture for quality, damages and/or completeness or order prior to scheduling delivery. 10.Contractor is responsible for the disposal of all packaging materials from products ordered by the City off and on City site. All trash and debris must be removed and disposed each day of installation in an appropriate manner. 11. 12. Uncrating at location of delivery will not allowed unless authorized by City. Furniture shall be delivered blanket wrapped, unwrapped, assembled, set in place, wiped clean of all fingerprints and function demonstrated to City. 13.Contractor shall ensure delivery site is left in a clean and orderly manner after installation is complete. City of Santa Ana RFP 24-080A Page 19 of 42 City Council 14 – 164 10/1/2024 EXHIBIT B City Council 14 – 165 10/1/2024 RESPONSE FOR PROPOSAL NO. 24-080A FOR CITY OF SANTA ANA LIBRARY PUBLIC FURNITURE AND MODULAR OFFICE FURNITURE SERVICES PREPARED BY: NOAH READ noah@yamadaenterprises.com Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 City Council 14 – 166 10/1/2024 CITY OF SANTA ANA LIBRARY PUBLIC FURNITURE AND MODULAR OFFICE FURNITURE SERVICES RFP NO. 24-080A TABLE OF CONTENTS COVER PAGE STATEMENT OF QUALIFICATIONS:Pages Cover Letter Letter…………………………………………………………………………………...…1 Services Provided Description……...……………………………………………………..………………2-3 Agreement Statement Statement…………………………………………………………………………...……4 Firm and Team Experience Employee Roles, Descriptions and Contact Information…………...…………….5-7 Proposal Work Plan Statement………………….…………………………………………………..……..8-10 References Attachment B…………………………………….………….……..…………………..11 BACK COVER PAGE Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 City Council 14 – 167 10/1/2024 1 City Council 14 – 168 10/1/2024 Services Provided Yamada Enterprises has been dedicated to furnishing complete library interiors for more than 40 years. As a distributor for various manufacturers, we offer a selection of quality products that include bookstacks, mobile compact shelving systems, library furniture, seating, and miscellaneous accessories. The broad scope of our work enables our clients to enjoy a turnkey furniture and equipment installation from a single source supplier. Yamada Enterprises (Yamada) shall perform services as set forth below and per Exhibit VI Furniture Specifications. 1.Yamada dedicated local representative is Noah Read. 2.Yamada shall review drawing for completeness, accuracy, and proper application of product prior to installation. 3. Defective/Damaged Products/Missing Parts: Yamada shall notify City of defective /damaged / missing part products prior to delivery and place such products on re-order. Yamada shall notify City of lead time on re-ordered products. 4.Partial Shipments: Partial shipments will not be accepted by the City unless authorized by the City. 5.Manufacturer/Factory Delays:Yamada shall notify City of any manufacturer/factory delays. The City reserves the right to cancel orders due to manufacturer/factory delays, if it is in the best interest of the City. The City may elect to cancel the orders prior to material going into production and seek equivalent product from another course. Yamada shall be held liable for the price difference and the City may seek damages. Custom made orders are non-returnable and non-refundable. 6.Missing Parts: At the City’s request, Yamada shall provide usable and good quality loaner furniture for the City’s use until missing parts are received and successfully installed to the satisfaction of the City. 7.Warehousing: Yamada(s) shall have the capacity to provide storage for office furniture ordered by the City when a project delay occurs. The Yamada(s) will provide warehousing at no cost to the City for a minimum of thirty (30) days. Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 2 City Council 14 – 169 10/1/2024 8.Any damage to City property incurred by Yamada will be repaired at the Yamada’s expense and any repairs will not be accepted unless approved by City. 9. order prior to scheduling delivery. 10. Yamada is responsible for the disposal of all packaging materials from products Yamada shall pre-inspect furniture for quality, damages and/or completeness or ordered by the City off and on City site. All trash and debris must be removed and disposed each day of installation in an appropriate manner. 11.Uncrating at location of delivery will not be allowed unless authorized by City. 12.Furniture shall be delivered blanket wrapped, unwrapped, assembled, set in place, wiped clean of all fingerprints and function demonstrated to City. 13.Yamada shall ensure the delivery site is left in a clean and orderly manner after installation is complete. Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 3 City Council 14 – 170 10/1/2024 4 City Council 14 – 171 10/1/2024 CITY OF SANTA ANA LIBRARY PUBLIC FURNITURE AND MODULAR OFFICE FURNITURE SERVICES RFP NO. 24-080A Firm and Team Experience: Yamada Enterprises is located at: 16552 Burke Lane, Huntington Beach, CA 92647 Phone: 800-444-4594, Fax: 714-843-9202 Website: www.yamadaenterprises.com Yamada Enterprises was incorporated in the State of California as a C-Corporation on 12/15/97 as J.K. Miklin, Inc. dba Yamada Enterprises. Yamada Enterprises is currently an S-Corporation in the State of California (as of 01/01/14). Prior to 1997 Yamada Enterprises was a sole proprietor owned company. Yamada Enterprises is bonded and insured and is in compliance with all applicable registration and licenses to do business in the State of California under Contractors State License Board License #582156, expiration 03/31/26, Class C61/D24/D34 and is currently registered with the DIR under #1000001651, expiration 06/30/25. Yamada Enterprises has a core group of sales representative and support staff that have over 100 years of combined experience in the library and public furniture industry. Parker Braverman, Linda Braverman, Noah Read, Jr Arroyo and Ferrari Chamlern handle inside and outside sales as well as estimating, customer service, sales support, and project management. Caesar Lara and Octavio Trejo handle CAD drawings, estimating and project management. Tracey Nguyen handles administrative duties, accounting, insurance, labor compliance and contracts. Yamada will dedicate all eight employees to work directly with the City of Santa Ana on this agreement. Employees are all cross trained in numerous areas to be able to respond to customer requests in a timely manner. QUALIFICATIONS: Primary points of contact will be Parker Braverman for items requiring corporate decisions. Noah Read will be the primary point of contact for initial quote inquiries, project management and any other general inquiries regarding the RFP and can be reached at noah@yamadaenterprises.com or 714 587-1567. Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 5 City Council 14 – 172 10/1/2024 Parker Braverman (President / Sales), ext. 13 - Parker@yamadaenterprises.com Parker has 14 years of experience with Yamada Enterprises in sales, customer service, estimating, and space planning. Recently Parker acquired the role of President of Yamada Enterprises. Some of Parker’s projects are the Agnews K-12 School, Banning Library, El Centro Library, Pacific Highlands Ranch Library, West Covina Library and Glendale Library. Linda Braverman (VP / Sales), ext. 12 - Linda@yamadaenterprises.com Linda has 36 years of experience with Yamada Enterprises in sales, estimating, project management, customer service, site visits and field dimensioning, space planning. Linda was previously the Owner/President and is now the Vice President of Yamada Enterprises. Some of Linda’s past projects include the new Central San Diego Public Library, West Hollywood Branch Library, University of California, San Diego, Providence High School, San Bernardino County Law Library, Chapman University and Southwestern College. Noah Read (Sales / PM), ext. 13 - Noah@yamadaenterprises.com Noah has 13 years of experience with Yamada Enterprises in sales, estimating, project management, customer service, site visits and field dimensioning and assistant to Linda Braverman. Prior to working for Yamada Enterprises, Noah had 7 years of experience in customer service, order tracking, fulfillment, management, and IT. Some of Noah’s most recent projects are Whittier Library, Lakeside Library, Placentia Library, Newhope Library, and Glendora Library. Caesar Lara (CAD / Engineering / PM), ext. 17 – Caesar@yamadaenterprises.com Caesar has 24 years of experience with Yamada Enterprises in CAD, estimating, sales, site visits and field dimensioning. Prior to working for Yamada Enterprises, Caesar had 15 years’experience in the CAD, architectural/design/engineering industry and worked for another library interiors firm performing similar duties. Some of Caesar’s past projects include the Corona Public Library, The Getty Center, Stanford University, Riverside Main Library, and numerous modernizations for County of Orange to include the Brea Library, Cypress Library, El Toro Library, and Westminster Library. Octavio Trejo (CAD / PM), ext. 22 - Octavio@yamadaenterprises.com Octavio has 17 years of experience with Yamada Enterprises in CAD, estimating, sales, project management and customer service. Prior to working for Yamada Enterprises, Octavio had 7 years’ experience in the CAD, customer service and order fulfillment industries. Some of Octavio’s current projects Orange County Sanitation District Headquarter, Florence Library, Pasadena Rose Palace, and San Diego State University – Love Library. Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 6 City Council 14 – 173 10/1/2024 Jr Arroyo (Estimating / Sales / Support), ext. 11 - Jr@yamadaenterprises.com Jr has 3 years of experience with Yamada Enterprises in estimating, sales, project management, customer service and space planning. Prior to working for Yamada Enterprises, Jr had 17 years of experience in estimating, customer service, general office management, order fulfillment and project tracking. Some of Jr’s recent projects include the Huntington Beach Central Library, Inyo County Library, Madera Community Academy Village and Newport Beach Library. Tracey Nguyen (Admin./Labor Compliance), ext. 18 -Tracey@yamadaenterprises.com Tracey has 4 years of experience with Yamada Enterprises in office management, contract administration, public works labor compliance to include prevailing wage, PLA, PSA, Skilled and Trained Workforce, certified payroll, insurance requirements, accounts payable and receivable. Prior to working for Yamada Enterprises, Tracey had 8 years of experience in similar office environments performing similar tasks in the sheet metal industry. There have been no contracts terminated, nor has Yamada Enterprises been held in default or failed to complete work in the history of the company. There have been no recent legal proceedings and/or arbitration against Yamada Enterprises currently or within the last three years. If Yamada Enterprises enters any contractual obligations where notification of changes in key personnel is required, those projects and/or contracts are noted by our administrator on a master list. Should a change in key personnel be made on any of those projects, the appropriate contacts issuing those contracts will be notified via email with read receipt requested. Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 7 City Council 14 – 174 10/1/2024 Proposed Work Plan Yamada Enterprises regularly works as part of a project team on many of our projects. We work closely with end users, purchasing departments, contractors, electricians, architects, designers, project managers, City inspectors, structural engineers, and construction managers. We understand the careful coordination involved between all parties and believe that constant, open communication is imperative to a project’s success. While some of Yamada Enterprises employees specialize in certain types of furniture or equipment, all employees have been cross trained in several product fields. This ensures that at any given time, there will be someone available to address your needs and concerns and get back to you with the appropriate information in a reasonable time frame. When a request for quote/RFP comes in, it is distributed to the sales representative best suited to handle that particular request at that time. This can be based on a number of factors including, but not limited to, what product is being requested, familiarity with the particular product or manufacturer and sales personnel availability. The general quote / order / delivery / installation process is as follows: 1. Quote/RFP inquiries can be emailed to Noah Read, where they will be distributed to Sales/Sales Support Staff or handled directly by Noah. a. Customer will be notified as to who will be handling their quote request and be provided with their contact information (phone and email). b. Quote/RFP inquires can also be made by phone with a subsequent follow up email request. 2. Sales/Sales Support Staff will communicate directly with City personnel making the inquiry to make sure complete scope of work is understood. a. Sales will begin working on quote/RFP for materials as well as obtaining project specific freight and installation costs. b. The CAD/Engineering department will be included in the process if floor plans, space planning and/or other design related elements are required for project. c. If a meeting or site visit is requested or necessary, it will be scheduled at this time. 3. Sales will email completed quote/RFP to City personnel making the inquiry. a. Sales will follow up with City personnel in an appropriate amount of time to confirm receipt of quote/RFP, make sure information provided is sufficient and fulfills City personnel’s request. Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 8 City Council 14 – 175 10/1/2024 4. City to email purchase order/contract to the specific Sales Staff member that provided the quote/RFP. a. Purchase order/contract can also be emailed to Noah Read, referencing the Yamada Enterprises quote number/RFP (upper right-hand corner of quote) or by attaching a copy of the Yamada quote/RFP with the purchase order/contract. b. A project file will be started and if there are no questions, Sales will place order with manufacturers. Any questions will be addressed prior to placing orders with manufacturers. c. City personnel will be notified that order has been placed. Manufacturing lead times for this specific project range from 2-18 weeks. Orders will be released into manufacturing based on the approved furniture delivery date provided by the City to ensure on-time delivery. d. If any approvals are required by City personnel (i.e. shop drawings, color or finish samples, etc.) the dedicated Yamada Sales Staff member for the project will forward items for approval via email or mail depending on items to be approved. City personnel to return all approvals to our Sales Staff with signatures/initials and dates indicating acceptance. Approvals will immediately be returned to manufacturers so production can commence. Meetings with City personnel to review plans, colors/finishes and samples can also be scheduled at this time. During this process, suggestions, and/or special concerns such as value engineering opportunities and ADA compliance will be brought to the City’s attention for consideration. e. When Yamada Enterprises receives an acknowledgment from the manufacturer indicating an estimated ship date, Sales Staff member will convey this information to City personnel. f. Yamada Enterprises Sales Staff will follow up with manufacturers on a regular basis and provide updates to City personnel. City personnel will immediately be notified of any scheduling changes by Sales Staff. 5. Once material is ready to ship, Sales Staff will coordinate with City personnel regarding scheduling and coordination. a. Yamada Enterprises Sales Staff will coordinate with City personnel, manufacturer, freight company and our installation crew to assure that installers meet the truck to unload material and begin installation or offload material into storage as designated by City personnel. b. After material ships, Yamada Enterprises Sales Staff will notify City personnel of estimated delivery date and time. Our Sales Staff will continue to monitor the shipment to assure delivery is made in a timely manner. Our installation crew will be updated daily on the shipment progress. Sales Staff will contact City personnel 24 hours prior to delivery confirm and finalize delivery instructions. c. Yamada Enterprises installation crew will meet the delivery truck, offload, and begin installation. Once installation is complete, our installation crew will notify City personnel that project is complete. The delivery and installation timeframe for this specific project will range from 4-6 weeks depending on the awarded scope. Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 9 City Council 14 – 176 10/1/2024 d. Yamada Enterprises Sales Staff will follow up with City personnel to confirm installation was completed to their satisfaction. 6. Depending on individual project requirements, Yamada Enterprises Sales Staff and/or Installation Crew member will attend any construction or coordination meetings necessary to make sure project runs smoothly, on schedule and without incident. a. Punch-list meetings, if required will also be attended by a Yamada Enterprises Sales Staff and/or Installation Crew member if required and as needed. 7. Yamada Enterprises will invoice City per instructions listed on City provided purchase order and within this RFP. a. If project is to be done in phases, or if material is to be stored for an extended period of time, Yamada Enterprises Sales Staff will discuss partial invoicing for materials that have been installed, procured and stored, storage fees and any additional handling fees that may be required due to jobsite delays, all in accordance with terms within this RFP. Balance of project will be invoiced upon completion. Library Interiors 16552 Burke Lane • Huntington Beach, CA • 92647-4538 (714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202 10 City Council 14 – 177 10/1/2024 CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE LA County Library Ken KuroseCustomer Name:_________________________Contact Individual: ____________________________ (562) 940-69797400 imperial Hwy Address: ________________________________Phone Number: ___D_ _o_w_n_e_y_,_C_A__9_0_2_4_2_____________ EMAIL: _______K_K_u_r_o_se_@__l_ib_r_a_ry_._la_c_o_u_n_t y_._g_o_v______ Contract Amount: ___$_8_1_0_,0_0_0_._0_0____________Year: _________2_0_2_4__________________________ Description of supplies, equipment, or services provided: West Covina Library: Turnkey design, procurement, and installations servcies for library shelving and furniture. __________________________________________________________________________________ REFERENCE San Diego County Library Customer Name:_________________________Contact Individual: ____________________________ Amber Torres (858) 495-5036Address: ____5_5_6_0_O__v_e_rl_a_n_d_A_v_e_._____________Phone Number: San Diego, CA 92123_______________________________ EMAIL: _____A__m_b_e_r_. T_o_r_re_s_s_@__s_d_c_o_u_n_ty_._c_a_.g_o_v_____ Contract Amount: ____$_8_5_8_,_0_0_0_.0_0___________Year: _________2_0_2_3__________________________ Description of supplies, equipment, or services provided: Lakeside Library: Turnkey design, procurement, and installation services for library shelving and furniture. __________________________________________________________________________________ REFERENCE Customer Name:___W__h_itt_ie_r_P__u_b_lic__L_i b_r_a_r y______Contact Individual: ____P_a_y_m_ _a_n_e_h_M_ _a_g_h_s o_u_d_i_______ (562) 567-9920Address: _____7_3_4_4_W__a_s_h_i n_g_t_o_n_A__v_e_. _________Phone Number: _____W__h_i_tt_i e_r_, _C_A__9_0_6_0_2___________ EMAIL: _____p_m__a_g_h_s_o_u_d_i @__c_it_y_o_fw_h_i_tt_ie_r_.o_r_g_______ Contract Amount: ____$_1_,6_0_0_,_0_0_0_.0_0__________Year: __________2_0_2_2_________________________ Description of supplies, equipment, or services provided: Turnkey design, procurement, and installation services for library shelving, furniture, and custom millwork. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 34 of 42 11 City Council 14 – 178 10/1/2024 Office: (714) 843-9882 Web: www.yamadaenterprises.com Email: noah@yamadaenterprises.com Address: 16552 Burke Lane, Hunꢀngton Beach, CA 92647 City Council 14 – 179 10/1/2024 CITY OF SANTA ANA ATTACHMENT A PROPOSER’S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. J.K. Miklin, Inc. dba: Yamada Enterprises (714) 843-9882 (714) 843-9202__________________________________________________________________________________ LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 16552 Burke Lane, Huntington Beach, CA 92647__________________________________________________________________________________ BUSINESS ADDRESS Jr Arroyo Representative__________________________________________________________________________________ PRINTED NAME OF AUTHORIZED AGENT TITLE July 15, 2024 jr@yamadaenterprises.com _______________________________________________________________ ___ SIG ORIZED AGENT DATE E-MAIL ADDRESS 33-0783690 582159__________________________________________________________________________________ FEDERAL ID NUMBER (IF APPLICABLE)CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) __________________________________________________________________________________ CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 33 of 42 City Council 14 – 180 10/1/2024 CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE LA County Library Ken KuroseCustomer Name:_________________________Contact Individual: ____________________________ (562) 940-69797400 imperial Hwy Address: ________________________________Phone Number: ___D_ _o_w_n_e_y_,_C_A__9_0_2_4_2_____________ EMAIL: _______K_K_u_r_o_se_@__l_ib_r_a_ry_._la_c_o_u_n_t y_._g_o_v______ Contract Amount: ___$_8_1_0_,0_0_0_._0_0____________Year: _________2_0_2_4__________________________ Description of supplies, equipment, or services provided: West Covina Library: Turnkey design, procurement, and installations servcies for library shelving and furniture. __________________________________________________________________________________ REFERENCE San Diego County Library Customer Name:_________________________Contact Individual: ____________________________ Amber Torres (858) 495-5036Address: ____5_5_6_0_O__v_e_rl_a_n_d_A_v_e_._____________Phone Number: San Diego, CA 92123_______________________________ EMAIL: _____A__m_b_e_r_. T_o_r_re_s_s_@__s_d_c_o_u_n_ty_._c_a_.g_o_v_____ Contract Amount: ____$_8_5_8_,_0_0_0_.0_0___________Year: _________2_0_2_3__________________________ Description of supplies, equipment, or services provided: Lakeside Library: Turnkey design, procurement, and installation services for library shelving and furniture. __________________________________________________________________________________ REFERENCE Customer Name:___W__h_itt_ie_r_P__u_b_lic__L_i b_r_a_r y______Contact Individual: ____P_a_y_m_ _a_n_e_h_M_ _a_g_h_s o_u_d_i_______ (562) 567-9920Address: _____7_3_4_4_W__a_s_h_i n_g_t_o_n_A__v_e_. _________Phone Number: _____W__h_i_tt_i e_r_, _C_A__9_0_6_0_2___________ EMAIL: _____p_m__a_g_h_s_o_u_d_i @__c_it_y_o_fw_h_i_tt_ie_r_.o_r_g_______ Contract Amount: ____$_1_,6_0_0_,_0_0_0_.0_0__________Year: __________2_0_2_2_________________________ Description of supplies, equipment, or services provided: Turnkey design, procurement, and installation services for library shelving, furniture, and custom millwork. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 34 of 42 City Council 14 – 181 10/1/2024 CITY OF SANTA ANA ATTACHMENT C PROPOSER’S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the 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 nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. J.K. Miklin, Inc. dba: Yamada EnterprisesFirm______________________ Signed and Printed Name: ____ __________________________________________ Jr Arroyo__________________________________________ RepresentativeTitle ________________________________________________________________________________ July 15, 2024Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 35 of 42 City Council 14 – 182 10/1/2024 City Council 14 – 183 10/1/2024 City Council 14 – 184 10/1/2024 CITY OF SANTA ANA ATTACHMENT E NON-LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and t ients shall certify and disclose accordingly. Signed: RepresentativeTitle: Firm: Date: J.K. Miklin, Inc. dba: Yamada Enterprises July 15, 2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 37 of 42 City Council 14 – 185 10/1/2024 CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract City of Santa Ana RFP 24-080A Page 38 of 42 City Council 14 – 186 10/1/2024 CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: RepresentativeTitle: Firm: Date: J.K. Miklin, Inc. dba: Yamada Enterprises July 15, 2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 39 of 42 City Council 14 – 187 10/1/2024 CITY OF SANTA ANA ATTACHMENT G SAM.GOV UEI VERIFICATION On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third-party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity’s registration from SAM.gov, including UEI and active registration status. KBXNMKSZ8EL1 Proposer’s UEI:_______________________________________________ November 13, 2024 SAM.gov Registration Expiration Date:_____________________________ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 24-080A Page 40 of 42 City Council 14 – 188 10/1/2024 ATTACHMENT H CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification) 1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Yamada Enterprises Consultant Parker Braverman - President Name and Title of Official Authorized to Certify On Behalf of the Consultant July 15, 2024_______________________________________ Date City of Santa Ana RFP 24-080A Page 41 of 42 City Council 14 – 189 10/1/2024 ATTACHMENT H (continued) CERTIFICATION REGARDING DEBARMENT, INELIGIBILITY AND VOLUNTARY EXCLUSION INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms “covered transaction”, “debarment”, “suspension”, “disqualified,” “ineligible”, “lower tier covered transaction”, “participant”, “person”, “primary covered transaction”, “principal”, “proposal”, and “voluntarily excluded”, as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, disqualified, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title “Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction” unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. City of Santa Ana RFP 24-080A Page 42 of 42 City Council 14 – 190 10/1/2024 7/18/24, 10:00 AM SAM.gov An oꢀicial website of the United States government Here’s how you know Requests Notifications Workspace Sign Out Home Search Data Bank Data Services Help Core Data Entity Registration Core Data Business Information Entity Types Financial Information Points of Contact Assertions Reps and Certs (FAR/DFARS) Reps and Certs (Financial Assistance) Exclusions Responsibility / Qualification Entity Information J.K. MIKLIN, INC.Active Registration Expiration DateUnique Entity ID CAGE/NCAGE KBXNMKSZ8EL1 4DXG4 Nov 13, 2024 https://sam.gov/entities/view/KBXNMKSZ8EL1/coreData?status=Active&emrKeyValue=1433560~1699987412525987 1/6 City Council 14 – 191 10/1/2024 7/18/24, 10:00 AM SAM.gov Physical Address Mailing Address 16552 Burke Lane Huntington Beach, California 92647-4538, United States 16552 Burke LN Huntington Beach, California 92647-4538, United States Purpose of Registration All Awards Version Current Record BUSINESS INFORMATION Doing Business As Yamada Enterprises URL Registration Dateswww.yamadaenterprises.com Division Name (blank) Division Number (blank)Activation Date Nov 16, 2023 Initial Registration Date May 2, 2006Congressional District California 47 State/Country of Incorporation California, United States Submission Date Nov 14, 2023 Owner CAGE Legal Business Name Immediate Owner (blank)(blank)Entity Dates Highest Level Owner (blank)(blank)Entity Start Date Fiscal Year End Close Date Jan 1, 1975 Dec 31 Executive Compensation Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions. SAM SEARCH AUTHORIZATION I authorize my entity's non-sensitive information to be displayed in SAM public search results: https://sam.gov/entities/view/KBXNMKSZ8EL1/coreData?status=Active&emrKeyValue=1433560~1699987412525987 2/6 City Council 14 – 192 10/1/2024 7/18/24, 10:00 AM SAM.gov Yes ENTITY TYPES Business Types Socio-Economic Types Entity Structure Corporate Entity (Not Tax Exempt) Business or Organization For Profit Organization Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration.Entity Type Profit Structure Organization Factors Subchapter S Corporation FINANCIAL INFORMATION Payments Accepts Credit Card Payments Debt Subject To Oꢀset No No ACCOUNT DETAILS EFT Indicator 0000 CAGE Code 4DXG4 POINTS OF CONTACT https://sam.gov/entities/view/KBXNMKSZ8EL1/coreData?status=Active&emrKeyValue=1433560~1699987412525987 3/6 City Council 14 – 193 10/1/2024 7/18/24, 10:00 AM SAM.gov Electronic Business Primary Point of Contact Tracey Nguyen Address 16552 Burke Lane Huntington Beach, California 92647-4538 United States Government Business Primary Point of Contact Jr Arroyo Address 16552 Burke Lane Huntington Beach, California 92647-4538 United States Alternate Point of Contact LINDA BRAVERMAN Address 16552 Burke Lane Huntington Beach, California 92647-4538 United States Past Performance https://sam.gov/entities/view/KBXNMKSZ8EL1/coreData?status=Active&emrKeyValue=1433560~1699987412525987 4/6 City Council 14 – 194 10/1/2024 7/18/24, 10:00 AM SAM.gov Primary Point of Contact LINDA BRAVERMAN Address 16552 Burke Lane Huntington Beach, California 92647-4538 United States Our Website About This Site Our Community Release Notes System Alerts Our Partners Acquisition.gov USASpending.gov Grants.gov More Partners Policies Customer Service HelpTerms of Use Privacy Policy Check Entity Status Federal Service Desk External Resources Contact Restricted Data Use Freedom of Information Act Accessibility WARNING This is a U.S. General Services Administration Federal Government computer system that is "FOR OFFICIAL USE ONLY." This system is subject to monitoring. Individuals found performing unauthorized activities are subject to disciplinary action including criminal prosecution. This system contains Controlled Unclassified Information (CUI). All individuals viewing, reproducing or disposing of this information are required to protect it in accordance with 32 CFR Part 2002 and GSA Order CIO 2103.2 CUI Policy. SAM.gov https://sam.gov/entities/view/KBXNMKSZ8EL1/coreData?status=Active&emrKeyValue=1433560~1699987412525987 5/6 City Council 14 – 195 10/1/2024 7/18/24, 10:00 AM SAM.gov An oꢀicial website of the U.S. General Services Administration https://sam.gov/entities/view/KBXNMKSZ8EL1/coreData?status=Active&emrKeyValue=1433560~1699987412525987 6/6 City Council 14 – 196 10/1/2024 YAMADA,ꢀ,ꢁ,11•1• ꢀ 1ꢀꢁꢀꢁ1 E N T E R P R I S E S Date: September 09, 2024 City of Santa Ana Finance & Management Services Agency Attn: Mr. Edward Perkins I Buyer 20 Civic Center Plaza Santa Ana, CA 92701 Dear Mr. Perkins, The Agreement between the City of Santa and J.K. Miklin, Inc. d/b/a Yamada Enterprises issued for RFP No. 24-080A does not include sales tax. We respectfully request sales tax to be added to the Library Furniture Package C. The new agreement sum including sales tax under this RFP amount is Four Hundred Eleven Thousand Nine Hundred Sixty-Three and 91/100 Dollars ($411,963.91). This sum is comprised of the (1) base amount of $377,083.67 and (2) sales tax amount of $34,880.24, as described in our Bid Form - Attachment J and furniture specifications attached. Please let me know if you have any questions at (714) 843 - 9882 x 16. Sincerely, Parker Braverman President Parker@Yamadaenterprises.com Library Interiors16552 Burke Lane• Huntington Beach, CA• 92647-4538(714) 843-9882• (800) 444-4594• FAX (714) 843-9202 City Council 14 – 197 10/1/2024 LIBRARY FURNITURE PACKAGE C (lump sum award) Bid Form-Attachment J PLAN CODE ITEM Reader Chair MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST CR-7 TMC Per Spec 16 weeks 8 643 $5,144.00 DS-1A DS-1B DS-1C Service Desk Service Desk Service Desk Worden Worden Worden Per Spec Per Spec Per Spec 16 weeks 16 weeks 16 weeks 2 1 4 78506 52475 25481 $ $ $ 157,012.00 52,475.00 101,924.00 DSH-1 Display Shelving OPTO Per Spec 2 weeks 5 3646.61 $18,233.05 M-2 M-3 Map Cabinet Alpine Alpine Per Spec Per Spec 2 weeks 2 weeks 1 3 4375 $ $ 4,375.00 Card Catalogue 3441.66 10,324.98 TR-3 Reader Table TMC Per Spec 16 weeks 2 1240 $ $ 2,480.00 SUBTOTAL LIBRARY FURNITURE PACKAGE C (A)351,968.03 Design, Receive, Deliver, and Install Costs (B)$25,115.64 No Charge 377,083.67 34,880.24 Storage Costs After 1 Month Free Storage (Monthly Fee-to include all labor associated with storage) TOTAL LIBRARY FURNITURE PACKAGE C (A+B)$ $SALES TAX: (A+B) x 9.25% GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B) x Sales Tax: Four Hundred Eleven Thousand Nine Hundred Sixty-Three and 91/100 Dollars.$411,963.91 City Council 14 – 198 10/1/2024 CR-7SANTA ANA LIBRARY FURNITURE SPECIFICATIONS Manufacturer: Model Name: Item: TMC Vireo Chair Reader Chair 117 Youth Stacks 8 Location: Qty: Specification:Width Depth Height Seat Height Arm Height Size:18”20.5”31.75”18”n/a Type:Adult height, armless chair n/aUpholstery: Base/Frame Finish :Solid maple wood. Stain to be selected from manufacture’s range of stain colors. Glides: Options: Power: n/a No cutout n/a 2024-05-16 Images are for reference only 20 City Council 14 – 199 10/1/2024 DS-1ASANTA ANA LIBRARY FURNITURE SPECIFICATIONS Manufacturer:Worden Model Name and Number:Service Desk Service Desk 101 Great Reading Room 2 Item: Location: Qty: Specification:Width Depth Height Seat Height Arm Height Size:See drawing See drawing See drawing n/a n/a Finish :Wood slat and wood veneer: To match architect’s sample Solid surface top: Corian, Grade 4 4” base: Laminate to match architect’s sample Glides:As appropriate for floor finish Options:Hight adjustable table leg set; Electric; Mockett TLEL3 or sim. Cabinet: BBF, locking, casters, laminate finish. Power:• Provide horizontal and vertical wire management from underside of table to floor box. • Provide power at worksurface. Power to be plugged into floor box (not hard wired). Mocket: Power bar, grommet mounted, 2 power/2 dual USB or sim. • (3) Grommets in worksurface, Mockett: BRV1 or sim., Architect to provide locations on shop drawings Provide shop drawings for approval. 2024-05-16 Images are for reference only 76 City Council 14 – 200 10/1/2024 DS-1ASANTA ANA LIBRARY FURNITURE SPECIFICATIONS WOOD VENEER INFORMATION TOP WOOD SLATS SOLID SURFACE, NON-ADJUSTABLE SOLID SURFACE, HIGHT ADJUSTABLE DESK SOLID SURFACE, NON-ADJUSTABLE UNDER DESK CABINET 2024-05-16 Images are for reference only 77 City Council 14 – 201 10/1/2024 DS-1BSANTA ANA LIBRARY FURNITURE SPECIFICATIONS Manufacturer:Worden Model Name and Number:Service Desk Service Desk 117 Youth Stacks 1 Item: Location: Qty: Specification:Width Depth Height Seat Height Arm Height Size:See drawing See drawing See drawing n/a n/a Finish :Wood slat and wood veneer: To match architect’s sample Solid surface top: Corian, Grade 4 4” base: Laminate to match architect’s sample Glides:As appropriate for floor finish Options:Hight adjustable table leg set; Electric; Mockett TLEL3 or sim. Cabinet: BBF, locking, casters, laminate finish. Power:• Provide horizontal and vertical wire management from underside of table to floor box. • Provide power at worksurface. Power to be plugged into floor box (not hard wired). Mocket: Power bar, grommet mounted, 2 power/2 dual USB or sim. • (3) Grommets in worksurface, Mockett: BRV1 or sim., Architect to provide locations on shop drawings Provide shop drawings for approval. 2024-05-16 Images are for reference only 78 City Council 14 – 202 10/1/2024 DS-1BSANTA ANA LIBRARY FURNITURE SPECIFICATIONS NFORMATION TOP INFORMATION TOP WOOD SLATS WOOD VENEER SOLID SURFACE, NON- SOLID SURFACE, HIGHT ADJUSTABLE DESKADJUSTABLE UNDER DESK CABINET2024-05-16 Images are for reference only 79 City Council 14 – 203 10/1/2024 DS-1CSANTA ANA LIBRARY FURNITURE SPECIFICATIONS Manufacturer: Model Name and Number: Item: Worden Service Desk Service Desk Location:222 History. 200 Adult Stacks, 212 Maker Space, 211 Young Adult Qty:4 Specification:Width Depth Height Seat Height Arm Height Size:See drawing See drawing See drawing n/a n/a Finish :Wood slat and wood veneer: To match architect’s sample Solid surface top: Corian, Grade 4 4” base: Laminate to match architect’s sample Glides:As appropriate for floor finish Options:Hight adjustable table leg set; Electric; Mockett TLEL3 or sim. Cabinet: BBF, locking, casters, laminate finish. Power:• Provide horizontal and vertical wire management from underside of table to floor box. • Provide power at worksurface. Power to be plugged into floor box (not hard wired). Mocket: Power bar, grommet mounted, 2 power/2 dual USB or sim. • (1) Grommet in worksurface, Mockett: BRV1 or sim., Architect to provide locations on shop drawings Provide shop drawings for approval. 2024-05-16 Images are for reference only 80 City Council 14 – 204 10/1/2024 DS-1CSANTA ANA LIBRARY FURNITURE SPECIFICATIONS SOLID SURFACE, NON-ADJUSTABLE SOLID SURFACE, HIGHT ADJUSTABLE DESK WOOD SLATS WOOD VENEER 2024-05-16 Images are for reference only 81 City Council 14 – 205 10/1/2024 DSH-1SANTA ANA LIBRARY FURNITURE SPECIFICATIONS Manufacturer:Opto Model Name and Number:Edge Collection Tall Mobile Showcase Locking Storage Cabinet Item:Display Shelving Location: Qty: 101 Great Reading Room, 109 Book Store 5 Specification:Width Depth Height Seat Height Arm Height Size:24”25”76”n/a n/a Type:Display Case Base/Frame Finish :Finishes to be selected from manufacture’s full range of available colors and finishes Glides: Options: Power: Locking casters Adjustable glass shelves, locking storage cabinet n/a 2024-05-16 Images are for reference only 54 City Council 14 – 206 10/1/2024 M-2SANTA ANA LIBRARY FURNITURE SPECIFICATIONS Manufacturer:n/a Model Name and Number:n/a Item:Map Cabinet 222 History 1 Location: Qty: Specification:Width Depth Height Seat Height Arm Height Size:existing existing existing n/a n/a Type: Base/Frame Finish : Glides: Refinish and restore existing wood Repair base and/or glides as required Options:Repair and/or replace hardware as required 2024-05-16 Images are for reference only 49 City Council 14 – 207 10/1/2024 M-3SANTA ANA LIBRARY FURNITURE SPECIFICATIONS Manufacturer:n/a Model Name and Number:n/a Item:Card Catalogue 222 History 3 Location: Qty: Specification:Width Depth Height Seat Height Arm Height Size:varies varies varies n/a n/a Type: Base/Frame Finish : Glides: Refinish and restore existing wood Repair base and/or glides as required Options:Repair and/or replace hardware as required 2 1 3 2024-05-16 Images are for reference only 50 City Council 14 – 208 10/1/2024 TR-3SANTA ANA LIBRARY FURNITURE SPECIFICATIONS Manufacturer: Model Name: Item: TMC Plover Table Reader Table 117 Youth Stacks 2 Location: Qty: Specification:Width Depth Height Seat Height Arm Height Size:36”36”29”n/a n/a Type:36” round tabletop n/aUpholstery: Base/Frame Finish :Wood laminate to be selected with manufacturers full range of finishes Glides: Options: Power: n/a n/a n/a 2024-05-16 Images are for reference only 40 City Council 14 – 209 10/1/2024 EXHIBIT C City Council 14 – 210 10/1/2024 LIBRARY FURNITURE PACKAGE C (lump sum award) Bid Form-Attachment J PLAN CODE ITEM Reader Chair MANUFACTURER MODEL LEAD TIME QUANTITY UNIT COST TOTAL COST CR-7 TMC Per Spec 16 weeks 8 643 $5,144.00 DS-1A DS-1B DS-1C Service Desk Service Desk Service Desk Worden Worden Worden Per Spec Per Spec Per Spec 16 weeks 16 weeks 16 weeks 2 1 4 78506 52475 25481 $ $ $ 157,012.00 52,475.00 101,924.00 DSH-1 Display Shelving OPTO Per Spec 2 weeks 5 3646.61 $18,233.05 M-2 M-3 Map Cabinet Alpine Alpine Per Spec Per Spec 2 weeks 2 weeks 1 3 4375 $ $ 4,375.00 Card Catalogue 3441.66 10,324.98 TR-3 Reader Table TMC Per Spec 16 weeks 2 1240 $ $ 2,480.00 SUBTOTAL LIBRARY FURNITURE PACKAGE C (A)351,968.03 Design, Receive, Deliver, and Install Costs (B)$25,115.64 No Charge 377,083.67 34,880.24 Storage Costs After 1 Month Free Storage (Monthly Fee-to include all labor associated with storage) TOTAL LIBRARY FURNITURE PACKAGE C (A+B)$ $SALES TAX: (A+B) x 9.25% GRAND TOTAL AMOUNT WRITTEN IN WORDS (A+B) x Sales Tax: Four Hundred Eleven Thousand Nine Hundred Sixty-Three and 91/100 Dollars.$411,963.91 City Council 14 – 211 10/1/2024 EXHIBIT D City Council 14 – 212 10/1/2024 FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Contractor shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit. 1.REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a)Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b)Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Contractor agrees as follows during the performance of this Agreement: (i)The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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. (ii)The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii)The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (iv)The Contractor will 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. 1 City Council 14 – 213 10/1/2024 (v)The Contractor will 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. (vi)The Contractor will 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 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. (vii)In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Contractor and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction 2 City Council 14 – 214 10/1/2024 contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c)Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d)Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF. (e)Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii)Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv)Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The 3 City Council 14 – 215 10/1/2024 Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f)Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Contractor must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g)Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: (i)Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (ii)Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. (h)Appendix II to Part 200 (H) – Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii)Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii)This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv)Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, 4 City Council 14 – 216 10/1/2024 or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Agreement. (i)Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j)Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials: (i) Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii)In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii)Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv)The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k)Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i)Contractor shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1)For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications 5 City Council 14 – 217 10/1/2024 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2)Telecommunications or video surveillance services provided by such entities or using such equipment. (3)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement: (i) Contractor shall, to the greatest extent practicable, purchase, acquire, or See Public Law 115-232, section 889 for additional information. (l) use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii)For purposes of this section: (1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2)‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2.CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a)Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b)Affirmative steps shall include: (i)Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii)Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; 6 City Council 14 – 218 10/1/2024 (iv)Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v)Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c)Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3.COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a)Maintenance of and Access to Records. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Contractor agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Contractor which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Contractor for a period of five (5) years after completion of the Project. (b)Compliance with Federal Regulations. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i)Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii)Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii)OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. (iv)Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v)Government-wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi)New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii)Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. 7 City Council 14 – 219 10/1/2024 (c)Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Contractor agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i)Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii)The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii)Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv)The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v)Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d)False Statements. Contractor understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e)Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii)The list of persons and entities referenced in the paragraph above includes the following: Congress; (1)A member of Congress or a representative of a committee of (2) (3) An Inspector General; The Government Accountability Office; 8 City Council 14 – 220 10/1/2024 (4) (5) A Treasury employee responsible for contract or grant oversight or An authorized official of the Department of Justice or other law management; enforcement agency; (6) (7) A court or grand jury; or A management official or other employee of Contractor, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g)Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. (h)Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i)Contractor ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii)Contractor acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Contractor understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Contractor shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Contractor understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii)Contractor agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. 9 City Council 14 – 221 10/1/2024 (iv)Contractor acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Contractor and Contractor’s successors, transferees and assignees for the period in which such assistance is provided. (v)Contractor agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Contractor and the Contractor’s subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi)Contractor understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Contractor, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Contractor for the period during which it retains ownership or possession of the property. (vii)Contractor shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Contractor shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Contractor must also inform the Department of the Treasury if Contractor has received no complaints under Title VI. (ix)Contractor must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Contractor and the administrative agency that made the finding. If the Contractor settles a case or matter alleging such discrimination, Contractor must provide documentation of the settlement. If Contractor has not been the subject of any court or administrative agency finding of discrimination, please so state. If Contractor makes sub-awards to other agencies or other entities, Contractor is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance. 10 City Council 14 – 222 10/1/2024 Agreement_J.K. Miklin Inc. dba Yamada Enterprises (Library Furniture)_FINAL_9.12.24_ updated Final Audit Report 2024-09-16 Created: By: 2024-09-16 Dylan Dario (ddario@santa-ana.org) SignedStatus: Transaction ID:CBJCHBCAABAAPOMy0rpQMbHezmCPye8HfEIu21BIkzoT "Agreement_J.K. Miklin Inc. dba Yamada Enterprises (Library Fu rniture)_FINAL_9.12.24_updated" History Document created by Dylan Dario (ddario@santa-ana.org) 2024-09-16 - 4:08:38 PM GMT Document emailed to Brian Sternberg (bsternberg@santa-ana.org) for signature 2024-09-16 - 4:09:08 PM GMT Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2024-09-16 - 4:21:07 PM GMT Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date: 2024-09-16 - 4:21:20 PM GMT - Time Source: server Document emailed to Parker Braverman (parker@yamadaenterprises.com) for signature 2024-09-16 - 4:21:26 PM GMT Email viewed by Parker Braverman (parker@yamadaenterprises.com) 2024-09-16 - 4:37:49 PM GMT Document e-signed by Parker Braverman (parker@yamadaenterprises.com) Signature Date: 2024-09-16 - 4:40:14 PM GMT - Time Source: server Agreement completed. 2024-09-16 - 4:40:14 PM GMT City Council 14 – 223 10/1/2024 Police Department www.santa-ana.org/police Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Fiscal Year 2023 Homeland Security Grant Program AGENDA TITLE Appropriation Adjustment for FY 2023 Homeland Security Grant Program Funding (Non-General Fund) RECOMMENDED ACTION Approve an appropriation adjustment recognizing $5,113,750 in the FY 2023 Urban Area Security Initiative, Federal Grant-Indirect revenue account and appropriate same to the UASI CalOES Santa Ana expenditures accounts. (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The United States Department of Homeland Security has developed the Urban Areas Security Initiative (UASI) grant funding program. UASI is designed to address the unique planning, equipment, training, and exercise needs of high-threat, high-density urban areas and provides funds to local emergency first responders that assist in building an enhanced and sustainable capacity to prevent, protect, respond to, mitigate, and recover from acts of terrorism. The grant specifically provides funding for anti-terrorism equipment, planning, training, exercises, and technical assistance. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for selected grant years, Santa Ana is the fiduciary for the region and manages projects, which includes providing training and procuring equipment utilized by the 34 jurisdictions in Orange County. On May 2, 2023, the City Council adopted a resolution authorizing the City Manager and/or the Police Chief to apply for the FY 2023 UASI Grant and upon award, enter into an agreement with the California Governor’s Office of Emergency Services (CalOES) for the FY 2023 UASI Grant. On July 26, 2024, the City of Santa Ana was awarded the FY 2023 UASI grant and the Police Department is now seeking City Council approval to appropriate the funds. City Council 15 – 1 10/1/2024 Fiscal Year 2023 Homeland Security Grant Program October 1, 2024 Page 2 4 5 7 5 Total funding for the UASI Grant Program is established through an Appropriation Act set forth by Congress. Award amounts for each Urban Area are determined using a methodology assessing relative risk of terrorism, in accordance with the 9/11 Act. Over the years, Congress has steadily decreased the amount of funding allocated to DHS and subsequently the UASI Grant Program. As a result, the total number of Urban Areas and the award amounts have been greatly reduced. Santa Ana’s UASI award amount has steadily decreased from a high of $25,254,334 in 2004 to the current award amount of $5,113,750 for FY 2023. Of the current award, $835,000 is obligated to the Orange County Intelligence Assessment Center. Other projects to be funded by this grant includes the “If You See Something, Say Something” campaign, Ready OC Preparedness campaign, portable vehicle barriers, and training and exercises for the Orange County area. The FY 2023 grant will cover the period of September 1, 2023 through August 31, 2026. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The appropriation adjustment will recognize $5,113,750 in the FY 2023 Urban Area Security Initiative revenue account (no. 12514002-52001) and appropriate same to expenditure account (nos. 12514407-various) for the following fiscal years: Fiscal Year Accounting Unit – Account No.Fund Description Accounting Unit – Account No. Description Amount FY 24-25 12514407- various OES UASI UASI CalOES Santa Ana, Various $2,045,500 FY 25-26 12514407- various OES UASI UASI CalOES Santa Ana, Various $3,068,250 Total $5,113,750 The amounts above are projections and subject to change. Any remaining balances not expended at the end of each fiscal year will be presented to City Council for approval of carryovers to the subsequent fiscal year. EXHIBIT(S) 1. Award Letter and Grant Subaward Submitted By: Robert Rodriguez, Acting Chief of Police Approved By: Alvaro Nuñez, City Manager City Council 15 – 2 10/1/2024 Chief of Police 60 Civic Center Plaza Robert Rodriguez Santa Ana, CA 92702 Anaheim / Santa Ana UASI July 26, 2024 Dear Chief Rodriguez: NANCY WARD DIRECTOR 3650 SCHRIEVER AVENUE, MATHER, CA 95655 (916) 845-8510 TELEPHONE NOTIFICATION OF SUBRECIPIENT APPLICATION APPROVAL FY 2023 Homeland Security Grant Program (HSGP) Subaward #: 2023-0042, Cal OES ID: 059-95010 The California Governor's Office of Emergency Services (Cal OES) has approved your FY 2023 Homeland Security Grant Program (HSGP) application in the amount of $5,113,750. As of the date of this letter, you may request reimbursement of eligible grant expenditures using the Cal OES Financial Management Forms Workbook (FMFW) available at www.caloes.ca.gov. A copy of your approved subaward is enclosed for your records. Any activities requiring additional review (e.g., Environmental Planning and Historic Preservation, Allowability Requests, procurement of Aviation or Controlled Equipment, etc.) shall not incur costs until you receive written approval for those activities. This subaward is subject to all provisions of 2 CFR Part 200, Subpart F - Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the State within 30 days upon receipt of an invoice from Cal OES. For additional information, please contact your Cal OES Program Representative. SUBJECT: Homeland Security & Emergency Management Grants Processing Enclosure cc: Subrecipient file GAVIN NEWSOM GOVERNOR www.CalOES.ca.gov City Council 15 – 3 10/1/2024 Supplemental Grant Subaward Information – Cal OES 2-101a (9/2021) Revised 4/7/23 CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES SUPPLEMENTAL GRANT SUBAWARD INFORMATION 1.Cal OES Contact Information Section: Governor’s Office of Emergency Services Nancy Ward, Director 3650 Schriever Avenue Mather, CA 95655 2.Federal Awarding Agency Section: Federal Program Fund / AL # Federal Awarding Agency Federal Award Date Total Federal Award Amount Total Local Assistance Amount Homeland Security Grant Program/ 97.067 US Department of Homeland Security 09/01/2023 $202,198,718 $192,088,782 3.Project Description Section: •Project Acronym: Nonprofit Security Grant Program (HSGP) •Project Description: Support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. 4.Research & Development Section: Is this Subaward a Research & Development grant? Yes ☐ No ☒ City Council 15 – 4 10/1/2024 CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) (Cal OES Use Only) CCII OES #FIPS # i i VS#i Suboward # I 2023-0042 CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES GRANT SUBAWARD FACE SHEET The California Governor's Office of Emergency Services (Cal OES) hereby makes O Grant Subaword of funds to the following: Anoheim/!Santo Ano UASI 1 a. UEI:1. Subrecipient:KZE9G2M4GRX9 2. Implementing Agency:City of Santa Ano; Homeland Security Division 2a. UEI:KZE9G2M 4GRX9 3. Implementing Agency Address:60 Civic Center Plaza iSkeet) Sonto Ana iCitYl 92701-1781 iZip+4) 4. Location of Project:Various Locations (Cilyl Oranqe County (Countyl (Zip+41 5. Disaster/Program Title:Homeland Security Grant Program 6. Performance / BudgefPeriod: September1.2023(Start Date) to May 31. 2026 (End Datel 7. Indirec' Cost Rate:N 'A Federally Approvid ICR (if applicable): Item Number Grant Year Fund Source A. State B. Federal C. Total D. Cash Match E. In-Kind Match F. Total Match G. Total Cost 8.2023 UASI $4,278,7 50 $4,278,7 50 $4,278,7 50 9.2023 UASI-20 $400,000 $400,000 $400,000 10.2023 SHSP $315,000 $315,000 $315,000 11.2023 SHSP-20 $120,000 $120,000 $120,000 12. Total Project Cost $5,113,750 $5,113,750 $5,113,7 50 13. CertiTication - This Grant Subaward consists of this title page. the opplica+ion for +rie grant. which is attached and mode Cl part hereof, the Assurances/Certifications. and any oftoched Special Conditions. I hereby certify I am vested with the authority to enter into this Grant Subaword. and hove the approval of the City/County Financial Officer. City Manager. County Administrator. Governing Board Choir. or other Approving Body. The Subrecipient certifies that Clll funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Suboward. The Subrecipient accepts this Grant Suboward and agrees to administer the grant project in accordance with the Grant Suboward OS well as all applicable stote and federal laws. audit requirements, federal program guidelines. ond Cal OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget. 14. CA Public Records Act - Grant applications are subject to the California Public Records Act. Government Code section 7920 e+ seq. Do not put any personally identifiable information or private information on this application. If you believe that any of the information you are putting on this application is exempt from the Public Records Act. please attach a statement thot indicates what portions of the application and the basis for the exemption. Your sto+ement that the information is not subJecf to the Public Records Act will not guarantee that the information will not be disclosed. 15. Official Authorized to Sign for Subrecipient: ROBERT RODRIGUEZName:ROBERT RODRIGUEZ Title:ACTING CHIEF OF POLICE Payment Mailing Address: 60 Civic Center Plazo / City: Santa Ana Date 16. Federal Employer ID Number: 1,'?5-6000785 FOR Cal OES USE ONLY) hereby certify upon my personal knowledge that budgeted funds are available kor the period and purposes ol this expenditure slated above. Zip Code+4: l 1/27 /23 92702-19 61 Title: ACTING CHIEF OF POLICE (Cal OES Fiscal Officer)(Daiel [Cal OES Dliector OT Deslgnee)(Dalel l of 1 Grant Subaward Face Sheet Cal OES 2-101 (Revised 05/2023) SL: 14733 Pgm: 0385 ENY: 2024-25 Chapter: 22 Item: 0690-101-0890 FAIN#: EMW-2023-SS-00042 09/01/23 to 08/31/26 Fund: Federal Trust AL#: 97.067 Program: Homeland Security Grant Program Match Req.: None Project No.: OES23HSGP000012 Amount: $ 315,000 SL: 14753 Pgm: 0385 09/01/23 to 08/31/26 SC: 2024-14733 ENY: 2024-25 Chapter: 22 Item: 0690-101-0890 FAIN#: EMW-2021-SS-00081 Fund: Federal Trust AL#: 97.067 Program: Homeland Security Grant Program Match Req.: None Project No.: OES21HSGP000012 Amount: $ 120,000 SC: 2024-14753 ENY: 2024-25 Chapter: 22 SL: 14743 Item: 0690-101-0890 Pgm: 0385 FAIN#: EMW-2023-SS-00042 09/01/23 to 08/31/26 Fund: Federal Trust AL#: 97.067 Program: Homeland Security Grant Program Match Req.: None Project No.: OES23HSGP000012 Amount: $ 4,278,750 SL: 14763 Pgm: 0385 SC: 2024-14743 ENY: 2024-25 Chapter: 22 Item: 0690-101-0890 FAIN#: EMW-2023-SS-00042 09/01/23 to 08/31/26 Fund: Federal Trust AL#: 97.067 Program: Homeland Security Grant Program Match Req.: None Project No.: OES23HSGP000012 Amount: $ 400,000 SC: 2024-14763 ML# 782852 059-95010 Docusign Envelope ID: 7DD563C6-1C41-4CB2-91A2-81B079EACF66 7/19/2024 7/19/2024 City Council 15 – 5 10/1/2024 Police Department www.santa-ana.org/police Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Traffic Enforcement Program Grant Funds AGENDA TITLE Appropriation Adjustment and Agreement Accepting $755,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (Non-General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for a one-year period beginning October 1, 2024 through September 30, 2025, in an amount not to exceed $755,000 (Agreement No. A-2024-XXX). 2. Approve an appropriation adjustment accepting $755,000 in the Office of Traffic Safety, Federal Grant-Indirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Santa Ana Police Department has been awarded $755,000 in grant funding from the State of California Office of Traffic Safety (OTS) under the Selective Traffic Enforcement Program (STEP). This one-year agreement covers the program period from October 1, 2024 through September 30, 2025. The goal of OTS STEP is to reduce the number of fatalities and injuries in crashes involving alcohol, drug, speed, red-light violations, distracted driving, and other primary collision factors. To accomplish these goals, the program will fund both education and enforcement activities. The funded strategies will include Driving Under the Influence (DUI) checkpoints, DUI saturation patrols, as well as DUI enforcement operations in collaboration with neighboring cities to apprehend impaired drivers. The program will also concentrate on bicycle/pedestrian safety, speed violations, aggressive driving, and seat belt City Council 16 – 1 10/1/2024 Selective Traffic Enforcement Program Grant Funds October 1, 2024 Page 2 4 5 7 3 enforcement. The enforcement activities will follow proven “best practice” strategies and will be conducted on an overtime basis. The educational portion of the grant will include funding for Police Department staff to facilitate multi-media presentations at local schools in partnership with the Santa Ana Unified School District. Promotional and educational materials will be made available to support ongoing outreach programs already in place. This grant also includes funding to purchase bicycle helmets for distribution to community members during outreach and education events. Lastly, OTS funds will be used to purchase and replace a DUI trailer currently utilized for DUI Checkpoints. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Approval of the appropriation adjustment will recognize $755,000 in the Office of Traffic Safety-Federal Grant-Indirect revenue account (no. 16514002-52001) and appropriate same in the Selective Traffic Enforcement Program expenditure account (nos. 16514414-various) for projected expenditures as follows: Fiscal Year Accounting Unit - Account No. Fund Description Accounting Unit, Account Description Amount FY 24-25 (Oct.-June) 16514414- Various Office of Traffic Safety Grant Selective Traffic Enforcement, Various $580,680 FY 25-26 (July-Sept.) 16514414- Various Office of Traffic Safety Grant Selective Traffic Enforcement, Various $174,320 Total $755,000 The amounts shown in each fiscal year are estimates only. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2025-26. EXHIBIT(S) 1. Grant Agreement with Office of Traffic Safety Submitted By: Robert Rodriguez, Acting Chief of Police Approved By: Alvaro Nuñez, City Manager City Council 16 – 2 10/1/2024 9/10/2024 7:55:22 AM Page 1 of 19 State of California – Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PT25066 1.GRANT TITLE Selective Traffic Enforcement Program (STEP) 2.NAME OF AGENCY 3.Grant Period Santa Ana From: To: 10/01/2024 09/30/2025 4.AGENCY UNIT TO ADMINISTER GRANT Santa Ana Police Department 5.GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6.Federal Funds Allocated Under This Agreement Shall Not Exceed:$755,000.00 7.TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances Exhibit B* – OTS Grant Program Manual Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8.Approval Signatures A.GRANT DIRECTOR B.AUTHORIZING OFFICIAL NAME: TITLE: EMAIL: PHONE: ADDRESS: Joseph Marty Commander jmarty@santa-ana.org (714) 245-8274 60 Civic Center Plaza PO Box 1981 Santa Ana, CA 92702 NAME: TITLE: EMAIL: PHONE: ADDRESS: Alvaro Nunez City Manager anunez@santa-ana.org (714) 647-5200 60 Civic Center Plaza PO Box 1981 Santa Ana, CA 92702 (Signature) (Date) (Signature) (Date) C.FISCAL OFFICIAL D.AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: TITLE: EMAIL: PHONE: ADDRESS: Alexander Trinidad Assistant Dir of Finance and Management Svcs (MM) atrinidad@santa-ana.org (714) 647-5295 20 Civic Center Plaza PO Box 1981 Santa Ana, CA 92702 NAME: TITLE: EMAIL: PHONE: ADDRESS: Barbara Rooney Director barbara.rooney@ots.ca.gov (916) 509-3030 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 (Signature) (Date) (Signature) (Date) Exhibit 1 City Council 1 – 3 1/1/ E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY' NAME: Carolyn Vu ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 9. SAM INFORMATION SAM #: KZE9G2M4GRX9 REGISTERED AooRESS: 20 Civic Center PLZ # 8 CITY: Santa Ana ZIP+4: 92701 -4076 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y.CHAPTER STATUTE PROJECTED EXPENDITURES 402PT-25.1 20.600 0521-0890-101 2023 12/23 BA/23 $48,441 .00 164AL-25. 1 20.608 0521-0890-101 2023 12/23 BA/23 $114,105.00 402PT-25 20.600 0521-0890-101 2024 22/24 BA/24 $176,559.00 164AL-25 20.608 0521-0890-101 2024 22/24 BA/24 $415,895.00 AGREEMENT TOTAL $755,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT $755,000.00 ICERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are avaifable for the period and purpose of the expenditure stated above. PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOT AL AMOUNT ENCUMBERED TO DATE $755,000.00 ATTEST: JENNIFER L. HALL City Clerk RECOMMENDED FOR APPROV AL: ROBERT RODRIGUEZ Acting Chief of Police APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Senior Assistant City Attorney 9/10/2024 7:55:22 AM Page 2 of 19 City Council 16 – 4 10/1/2024 9/10/2024 7:55:22 AM Page 3 of 19 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT25066 1. PROBLEM STATEMENT Located in the heart of California's Orange County, the City of Santa Ana is home to over 300,000 residents and over 550 miles of roadways throughout. Due to the dense population, Santa Ana faces significant challenges related to traffic safety. The current state of traffic infrastructure, coupled with population growth, demands urgent attention to mitigate the rising number of crashes and improve overall road safety. The city serves as a major employment hub, attracting a substantial number of workers from neighboring areas. On a daily basis, a significant influx of people commutes into Santa Ana for work, further intensifying traffic congestion during peak hours. This phenomenon underscores the critical need for enhanced enforcement and education. The city is home to numerous essential destinations, including schools, business districts, healthcare facilities, and recreational areas. However, inadequate traffic management has led to identified hotspots with high rates of crashes and congestion. The Downtown Santa Ana area attracts thousands of patrons to bars, clubs, restaurants, and local businesses each week. New businesses, apartments, and restaurants are opening at a consistent rate, causing more traffic to come into the city. This influx of patrons has greatly increased the number of drivers in the downtown area during evening hours, many of whom have been consuming alcoholic beverages. An additional challenge contributing to traffic safety concerns in Santa Ana is the prevalence of unlicensed drivers. The city has observed a notable number of individuals operating vehicles without a valid driver's license, posing a heightened risk of crashes. Addressing this issue is crucial for improving overall road safety and reducing the likelihood of preventable crashes. With a diverse population, including a significant number of pedestrians and cyclists, ensuring their safety on city roads is paramount. Santa Ana has made great strides to increase the safety of pedestrians and bicyclists through traffic engineering and roadway changes; however, there is still opportunity to enhance the awareness of both the pedestrians and drivers. During 2023, we had 1 bicyclist involved in a fatal traffic crash and a total of 133 bicyclists injured in traffic crashes. In comparison to 2022, the fatal crashes declined; however, the total number of injured bicyclists rose by 17. In FY2025, we hope to reduce bicycle safety threats in the city by doing the following:  Issue and properly fitted helmets, distribute bicycle safety lights and reflective arm bands. These actions will reduce the number of bicyclists riding in the community without proper equipment, as well as make them more visible for drivers around them.  Distribution of the equipment occurs at schools, Teen Centers, City Parks, Apartment Complexes, Mobile Home Parks, Community Centers, as well as the Police Department.  Each year, the Santa Ana Police Department hosts city-wide special events where free bicycle parking is provided. During these events, community engagement personnel are able to contact those riders who may not have properly fit safety equipment and provide them with the resources they need.School Resource Officers and/or Probation Officers assist by distributing safety equipment to students and others. Bicycle Safety Efforts have yielded the following thus far:  Events Conducted Q1 of FY2024: 11 / Individuals impacted: 3978  Helmets Distributed: 12  Wristbands Distributed: 438  Bike Lights Distributed: 438 The primary objective is to implement comprehensive measures aimed at enhancing overall traffic safety in the city of Santa Ana. This includes targeted interventions to alleviate congestion, improve infrastructure, implement advanced traffic management systems, address the issue of unlicensed drivers, and prioritize the safety of pedestrians and cyclists. However, another pressing issue the city of Santa Ana faces is the challenge of persisting impaired driving. City Council 16 – 5 10/1/2024 9/10/2024 7:55:22 AM Page 4 of 19 In 2023, despite ongoing efforts to curb impaired driving, our community faced a staggering 377 DUI arrests, including 5 alcohol-related fatal crashes, 74 alcohol-related injury crashes, 115 alcohol-related injury victims, 8 drug-involved fatal crashes, 21 drug-related involved injuries, 28 drug-related injuries, 4 combo injury crashes, and 7 combined injuries, highlighting the ongoing and sever impact of alcohol and drug impairment on public safety. Additionally, our department needs a new DUI checkpoint trailer to replace the outdated one currently in use. The existing trailer lacks modern features, which impacts efficiency and safety. A new trailer will enhance visibility, improve operational reliability, and integrate advanced technology, ultimately allowing us to conduct more effective and efficient DUI checkpoints. This upgrade is essential for maintaining our commitment to road safety and effective impaired driving prevention. Currently, the Santa Ana Police Department has 18 sworn Police Officers assigned to the Traffic Division. These numbers include (1) Commander, (2) Sergeants, (3) Corporals, and (12) Police Officers. (3) sworn Police Officers assigned as Crash Investigation Detectives and are not regularly fielded for the purpose of traffic enforcement. There are (9) Motor Officers assigned to the Traffic Division who are tasked with daily traffic enforcement and crash investigations. Expected Outcomes:  Reduction in Traffic Crashes: Implementing evidence-based traffic safety measures to significantly reduce the number of crashes at identified hotspots. This includes high visibility enforcement activities such as DUI Saturation, DUI/DL Checkpoints, among others.  Addressing Unlicensed Drivers: Implementing strategies to identify and address the issue of unlicensed drivers through education and enforcement; thereby, reducing the risk of crashes caused by individuals without valid driving credentials.  Enhanced Pedestrian and Cyclist Safety: Implementing awareness campaigns and safety equipment distribution to ensure the safety of pedestrians and cyclists on city streets.  Community Engagement: Establishing community outreach programs to educate residents and commuters about the importance of traffic safety and garnering their support for sustainable, long- term changes. By addressing these key issues, the proposed grant seeks to create a safer and more efficient transportation environment in the City of Santa Ana, accommodating the daily influx of workers, addressing the challenge of unlicensed drivers, and improving the quality of life for its residents. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 7. Reduce the number of persons killed in alcohol-involved crashes. 8. Reduce the number of persons injured in alcohol-involved crashes. 9. Reduce the number of persons killed in drug-involved crashes. 10. Reduce the number of persons injured in drug-involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo-involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo-involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 15. Reduce hit & run fatal crashes. 16. Reduce hit & run injury crashes. 17. Reduce nighttime (2100 - 0259 hours) fatal crashes. 18. Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: Target Number City Council 16 – 6 10/1/2024 9/10/2024 7:55:22 AM Page 5 of 19 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release. 1 2. Participate and report data (as required) in the following campaigns; Quarter 1: National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed). 2 7. Send law enforcement personnel to the DRE Recertification training. 2 8. Send law enforcement personnel to SFST Instructor training. 1 9. Send law enforcement personnel to DRE Instructor training. 1 10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 10 11. Conduct DUI Saturation Patrol operation(s). 65 12. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court. 4 13. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations. 64 14. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 8 15. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 16. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 13 17. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 8 18. Conduct Know Your Limit campaigns with an effort to reach members of the community. 3 19. Participate in highly visible collaborative DUI Enforcement operations. 3 City Council 16 – 7 10/1/2024 9/10/2024 7:55:22 AM Page 6 of 19 20. Participate in highly visible collaborative Traffic Enforcement operations. 4 21. Send law enforcement personnel to DUI Checkpoint Planning and Management training. 1 22. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities. 9 23. Send law enforcement personnel to a POST certified implicit bias training, such as; Implicit Bias and Community Policing, Principles Policing, or Beyond Bias. 20 3. METHOD OF PROCEDURE A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.  All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations. Media Requirements: Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO. B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements The following requirements are for all grant-related activities:  Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.  Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.  The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.  If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. City Council 16 – 8 10/1/2024 9/10/2024 7:55:22 AM Page 7 of 19  Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).  Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.  Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.  Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at pio@ots.ca.gov and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 – Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)  Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.  Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.  Collect, analyze and report statistical data relating to the grant goals and objectives. City Council 16 – 9 10/1/2024 9/10/2024 7:55:22 AM Page 8 of 19 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. City Council 16 – 10 10/1/2024 9/10/2024 7:55:22 AM Page 9 of 19 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT25066 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 402PT-25 20.600 State and Community Highway Safety $225,000.00 164AL-25 20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $530,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Straight Time $0.00 Overtime DUI/DL Checkpoints 164AL-25 $13,000.00 10 $130,000.00 DUI Saturation Patrols 164AL-25 $5,000.00 65 $325,000.00 Warrant Service Operations 164AL-25 $2,450.00 4 $9,800.00 Collaborative DUI Enforcement 164AL-25 $1,650.00 3 $4,950.00 Know Your Limit 164AL-25 $1,250.00 3 $3,750.00 SFST/ARIDE/DRE Instruction 164AL-25 $7,210.00 1 $7,210.00 Traffic Enforcement 402PT-25 $2,000.00 64 $128,000.00 Distracted Driving 402PT-25 $1,700.00 8 $13,600.00 Motorcycle Safety 402PT-25 $1,750.00 2 $3,500.00 Pedestrian and Bicycle Enforcement 402PT-25 $2,000.00 13 $26,000.00 Street Racing and Sideshow Enforcement Operations 402PT-25 $3,630.00 9 $32,670.00 Collaborative Traffic Enforcement 402PT-25 $1,500.00 4 $6,000.00 Traffic Safety Educational Presentations 402PT-25 $850.00 8 $6,800.00 Category Sub-Total $697,280.00 B. TRAVEL EXPENSES In State Travel 402PT-25 $4,955.00 1 $4,955.00 $0.00 Category Sub-Total $4,955.00 C. CONTRACTUAL SERVICES $0.00 Category Sub-Total $0.00 D. EQUIPMENT DUI Trailer 164AL-25 $45,000.00 1 $45,000.00 Category Sub-Total $45,000.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-25 $4,290.00 1 $4,290.00 Bicycle Helmets 402PT-25 $15.00 125 $1,875.00 Bicycle Safety Items 402PT-25 $1,600.00 1 $1,600.00 Category Sub-Total $7,765.00 F. INDIRECT COSTS $0.00 City Council 16 – 11 10/1/2024 9/10/2024 7:55:22 AM Page 10 of 19 Category Sub-Total $0.00 GRANT TOTAL $755,000.00 City Council 16 – 12 10/1/2024 9/10/2024 7:55:22 AM Page 11 of 19 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT25066 BUDGET NARRATIVE PERSONNEL COSTS DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Warrant Service Operations - Overtime for grant funded Warrant Service Operations conducted by appropriate department personnel. Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. SFST/ARIDE/DRE Instruction - Overtime for grant funded instructor training conducted by appropriate department personnel. Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel. TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers in Long Beach and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES - EQUIPMENT DUI Trailer - Fully equipped trailer to transport DUI checkpoint supplies and to serve as a communication and command post during OTS operations. Costs may include the trailer, sales tax, delivery, installation costs, and other modifications and accessories or other items necessary to make the trailer usable for grant purposes, such as a generator, lighting, paint and graphics. The trailer cannot include any furniture or fixtures not affixed to the trailer. OTHER DIRECT COSTS DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, r eflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping). City Council 16 – 13 10/1/2024 9/10/2024 7:55:22 AM Page 12 of 19 Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS. Bicycle Safety Items - Bicycle Safety Items - Safety items such as bicycle headlights/taillights, reflectors, and reflective arm and leg bands to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Additional items may be purchased if approved by OTS. INDIRECT COSTS - STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. City Council 16 – 14 10/1/2024 9/10/2024 7:55:22 AM Page 13 of 19 State of California – Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PT25066 Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations, including but not limited to:  23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;  2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:  Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);  49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);  The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));  Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). City Council 16 – 15 10/1/2024 9/10/2024 7:55:22 AM Page 14 of 19 The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively. GENERAL ASSURANCES In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with resp ect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: “The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. City Council 16 – 16 10/1/2024 9/10/2024 7:55:22 AM Page 15 of 19 By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Sa fety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will— 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted— 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; City Council 16 – 17 10/1/2024 9/10/2024 7:55:22 AM Page 16 of 19 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or City Council 16 – 18 10/1/2024 9/10/2024 7:55:22 AM Page 17 of 19 otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS— PRIMARY TIER COVERED TRANSACTIONS 1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or City Council 16 – 19 10/1/2024 9/10/2024 7:55:22 AM Page 18 of 19 otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER COVERED TRANSACTIONS 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretar y of Transportation. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. City Council 16 – 20 10/1/2024 9/10/2024 7:55:22 AM Page 19 of 19 DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. City Council 16 – 21 10/1/2024 Police Department www.santa-ana.org/police Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Taser 10 Equipment AGENDA TITLE Approve Agreement with Axon Enterprise, Inc. for Taser Equipment (General Fund and Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Axon Enterprise, Inc. for the provision of Taser 10 equipment to the Santa Ana Police Department for a five year period beginning December 15, 2024 to December 14, 2029, in an amount not to exceed $1,963,569 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On December 17, 2019, the City Council authorized a five-year agreement with Axon Enterprise, Inc. (Axon) for the purchase of the Taser 7 model equipment for the Santa Ana Police Department (SAPD) to provide police officers with a less-lethal enforcement option that minimizes the risk of harm to both officers and suspects. Prior to this contract, the police officers were using the older X-26 and X-26P models. As the end of the five-year period nears, approximately 400 of the Taser 7 models have reached their operational lifespan and are due for replacement. Upon expiration of the current agreement on December 16, 2024, the Taser 7 will no longer be under warranty and SAPD would be fully responsible for all liabilities resulting from the continued use of the Taser 7 model. Hence, the Police Department conducted research and identified the Taser 10 as the most suitable successor. The Taser 10 has several enhancements that surpass the capabilities of the Taser 7 models. The enhancements include an improved dart design which provides a higher likelihood of achieving temporary neuromuscular incapacitation when deployed. Additionally, the laser aiming system for Taser 10 provides superior accuracy and effectiveness through thick clothing. The Taser 10 also features an audible feature that City Council 17 – 1 10/1/2024 Taser 10 Equipment October 1, 2024 Page 2 4 5 7 4 allows officers to warn suspects before deployment, aiding in de-escalation efforts. With the Taser 10 enhancements, Axon anticipates an increase in overall Taser deployment effectiveness. Moreover, the Taser 10 offers enhanced deployment documentation by integrating with the Police Department's existing body-worn camera program software. SAPD expects the Taser 10 advanced features and improved documentation capabilities will continue to complement the Department's de-escalation training and reduce the City's liability exposure in use-of-force incidents. Furthermore, the Police Department staff anticipates the enhanced features and effectiveness of the Taser 10 will provide an alternative to the number of use-of-force incidents requiring physical officer intervention, thereby reducing injury to both the officers and the suspects. As the sole manufacturer of Taser devices, Axon has been chosen following the completion of the Request for Exception to Competitive Bidding Process documentation. With decades of experience serving the law enforcement community, Axon enjoys a reputation for quality within the industry. The Police Department already has a separate agreement with Axon Enterprise for body-worn camera equipment and services, and the company has consistently demonstrated responsiveness and flexibility in fulfilling that agreement. Therefore, based on their track record and expertise, staff recommends the approval of this new agreement with Axon for Taser 10 equipment. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the FY 2024-25 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration as follows: Fiscal Year Accounting Unit – Account No. Fund Description Accounting Unit, Account Description Amount FY 24-25 01114410-62300 General Fund Training, Contract Services-Professional $ 275,310 FY 24-25 12814407-62300 Law Enforcement Grants SLESA, Contract Services-Professional $ 114,649 FY 25-26 01114410-62300 General Fund Training, Contract Services-Professional $ 275,310 FY 25-26 12814407-62300 Law Enforcement Grants SLESA, Contract Services-Professional $ 118,093 City Council 17 – 2 10/1/2024 Taser 10 Equipment October 1, 2024 Page 3 4 5 7 4 FY 26-27 01114410-62300 General Fund Training, Contract Services-Professional $ 275,310 FY 26-27 12814407-62300 Law Enforcement Grants SLESA, Contract Services-Professional $ 118,093 FY 26-27 01114410-62300 General Fund Training, Contract Services-Professional $ 275,310 FY 26-27 12814407-62300 Law Enforcement Grants SLESA, Contract Services-Professional $ 118,092 FY 27-28 01114410-62300 General Fund Training, Contract Services-Professional $ 275,310 FY 27-28 12814407-62300 Law Enforcement Grants SLESA, Contract Services-Professional $ 118,092 Total $1,963,569 *Note: Amount rounded up or down to nearest dollar to equal total amount of contract. EXHIBIT(S) 1. Agreement with Axon Submitted By: Robert Rodriguez, Acting Chief of Police Approved By: Alvaro Nuñez, City Manager City Council 17 – 3 10/1/2024 1 AGREEMENT WITH AXON ENTERPRISE, INC. AND CITY OF SANTA ANA FOR TASER 10 CONDUCTED ENERGY WEAPONS THIS AGREEMENT is made and entered into on this 1st day of October, 2024 by and between Axon Enterprise, Inc., (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. On December 17, 2019, the City Council authorized a five-year agreement with Axon Enterprise, Inc. for the purchase of the Taser 7 model equipment for the Santa Ana Police Department (SAPD) to provide police officers with a less-lethal enforcement option that minimizes the risk of harm to both officers and suspects (Agreement No. A-2019-243). That Agreement is still in effect. However, Axon Enterprise, Inc. no longer provides a warranty for the Taser 7, and approximately 400 of these units have reached the end of their operational lifespan and are due for replacement. As such, the City desires to retain a Consultant to replace the Taser 7 model equipment. B. The Taser 10 platform is an upgrade to the current Taser 7 platform. Consultant is the only company that manufactures a Taser device and has been serving the law enforcement community for 31 years. Santa Ana Police Department has completed the necessary Request to Exception to Competitive Bidding Process, as Consultant is the sole provider of said services. 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 a. Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Consultant’s TASER Energy Weapon Agreement, identified as Exhibit A, which is attached hereto and incorporated by reference. b. The Parties to this Agreement understand and agree that any reference to any products or services owned, maintained and offered by Consultant, which are not specific to the TASER 10 equipment and services, are not applicable to this Agreement. EXHIBIT 1 City Council 17 – 4 10/1/2024 2 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 Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $1,963,569. 3. TERM This Agreement shall commence on December 15, 2024 for a five (5) year term, and shall expire on December 14, 2029, unless terminated earlier in accordance with Section 13 of Exhibit A. 4. 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, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: x Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. x Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. x Workers’ Compensation (W/C): 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, per employee, per policy for bodily injury or disease. This requirement can be waived if Vendor has no employees. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, 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 Permittee including materials, parts, equipment, and personnel furnished in connection with such work or operations. City Council 17 – 5 10/1/2024 3 2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Permittee for City. 3. All required insurance policies: For any claims related to this contract, Permittee’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Permittee’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits that breaches the Insurance requirements, non-renewed by the carrier, or breach the Insurance requirements except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written shall be provided to City for policy cancellation or non-renewal due to non- payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Sgt. Brandon Sontag, 20 Civic Center Plaza M-96, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to the City.. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Permittee shall furnish 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 Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Permittee’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a City Council 17 – 6 10/1/2024 4 retroactive date prior to the contract effective date, Company must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements after discussion with Contractor and written consent from Contractor, which shall not be unreasonably withheld, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 5. 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: City Clerk 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: Chief of Police City of Santa Ana 20 Civic Center Plaza (M-96) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-245-8007 To Contractor: Axon Enterprise, Inc. Attn: Brian Black, National Director 17800 N. 85th Street Scottsdale, AZ 85255 City Council 17 – 7 10/1/2024 5 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 6. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The City has provided this Agreement to incorporate Consultant’s specific requirements for use of the TASER 10 products and services. In the event of any inconsistency or conflict between the Agreement and the attached Exhibits, the terms, conditions and provisions of this Agreement shall govern and control. [Signatures on following page] City Council 17 – 8 10/1/2024 City Council 17 – 9 10/1/2024 Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department:Legal Version: 1.0 Release Date: 3/2/2023 Page 1 of 11 EXHIBIT A Axon Enterprise, Inc.’s TASER Energy Weapon Agreement This TASER Energy Weapon Agreement (“Agreement”) applies to Agency’s TASER 7 or TASER 10 purchase from Axon Enterprise, Inc. (“Axon”). Agency will receive TASER 7 or TASER 10 Conducted Energy Weapon (“CEW”) hardware, accessories, warranty, and services documented in the attached Quote Appendix (“Quote”). 1.Term. The start date is based on the initial shipment of TASER 7 or TASER 10 hardware (“Start Date”). If shipped in the first half of the month, the Start Date is the 1st of the following month. If shipped in the last half of the month, the Start Date is the 15th of the following month. The TASER 7 OR TASER 10 term will end upon completion of the associated TASER 7 or TASER 10 subscription in the Quote (“Term”). If the Quote has multiple TASER 7 or TASER 10 ship dates, each shipment will have a 60-month term, starting on the shipment of TASER 7 or TASER 10 as described above. 2.Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Agency will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees. 3.Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate. 4.Shipping. Axon may make partial shipments and ship any hardware provided by Axon under this Agreement (“Axon Devices”)from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote. 5.Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 6.Warranty. 6.1.Limited Warranty; Disclaimer. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal Sidearm and Axon-manufactured accessories, which Axon warrants for 30 months and 90 days, respectively, from the date of Agency’s receipt. Used conducted energy weapon (“CEW”)cartridges are deemed to have operated properly. Extended warranties run from the expiration of the 1-year hardware warranty through the extended warranty term.All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices, software, and services that are not manufactured, published or performed by Axon (“Third-Party Products”) are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer. 6.2.Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon-manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon Manufactured Device or (b) 90-days from the date of repair or replacement. 6.2.1.If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Agency must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service. 6.3.Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”).Spare Axon Devices City Council 17 – 10 10/1/2024 Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department: Legal Version: 1.0 Release Date: 3/2/2023 Page 2 of 11 are intended to replace broken or non-functioning units while Agency submits the broken or non- City Council 17 – 11 10/1/2024 Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department:Legal Version: 1.0 Release Date: 3/2/2023 Page 3 of 11 Axon Enterprise, Inc.’s TASER Energy Weapon Agreement functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the event Agency does not utilize Spare Axon Devices for the intended purpose. 6.4.Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. Axon’s warranty will be void if Agency resells Axon Devices. 6.4.1.To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. 6.4.2.Axon’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. 6.5.Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales-terms-and-conditions. 6.6.Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Agency and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-and-conditions,ifany. 6.7.Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain products and services to Agency, as a charitable donation under the Axon Aid program. In such event, Agency expressly waives and releases any and all claims, now known or hereafter known, against Axon, and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of Axon or any Releasees or otherwise. Agency agrees not to make or bring any such claim against Axon or any other Releasee, and forever release and discharge Axon and all other Releasees from liability under such claims. Agency expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Agency. 7.Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings. 8.Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency. 9.Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle. 10.Insurance. Axon will maintain General Liability,Workers’Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 11.IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated. City Council 17 – 12 10/1/2024 Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department:Legal Version: 1.0 Release Date: 3/2/2023 Page 4 of 11 Axon Enterprise, Inc.’s TASER Energy Weapon Agreement 12.Agency Responsibilities. Agency is responsible for (a)Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; (c) a dispute between Agency and a third-party over Agency’s use of Axon Devices; (d) to ensure Axon Devices are destroyed and disposed of securely and sustainably at Agency’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices. 13.Termination. 13.1.For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination. 13.2.By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable. 13.3.Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components. 14.General. 14.1.Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control. 14.2.Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 14.3.Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 14.4.Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 14.5.Export Compliance. Each Party will comply with all import and export control laws and regulations. 14.6.Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 14.7.Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 14.8.Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities. 14.9.Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 14.10.Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery areeffective immediately. Notices to Agencyshall be provided to the address on file with Axon. Notices to Axon shall be provided to Choose an item.Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to legal@axon.com. City Council 17 – 13 10/1/2024 Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department:Legal Version: 1.0 Release Date: 3/2/2023 Page 5 of 11 Axon Enterprise, Inc.’s TASER Energy Weapon Agreement 18.12 Entire Agreement.This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature. Axon Enterprise, Inc.Agency Signature: Signature: Name: Name: Title: Title: Date: Date: City Council 17 – 14 10/1/2024 Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department:Legal Version: 1.0 Release Date: 3/2/2023 Page 6 of 11 Axon Enterprise, Inc.’s TASER Energy Weapon Agreement TASER Energy Weapon Axon Evidence Terms of Use Appendix 1 Definitions. “Agency Content”is data uploaded into, ingested by, or created in Axon Evidence within Agency’s tenant, including media or multimedia uploaded into Axon Evidence by Agency. Agency Content includes Evidence but excludes Non-Content Data. “Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content. “Non-Content Data”is data, configuration, and usage information about Agency’s Axon Evidence tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content. 2 Subscription Term. The TASER 7 or TASER 10 Axon Evidence Subscription Term begins on the Start Date. 3 Access Rights. Upon Axon granting Agency a TASER 7 or TASER 10 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 or TASER 10 CEW devices during the TASER 7 or TASER 10 Axon Evidence Subscription Term. Agency may not upload any non-TASER 7 or TASER 10 data or any other files to Axon Evidence. Agency may not exceed the number of end-users than the Quote specifies. 4 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon’s business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products. 5 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Axon Evidence and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 6 Agency Responsibilities. Agency is responsible for (a) ensuring Agency users comply with this Agreement; (b) ensuring Agency owns Agency Content and no Agency Content or Agency end user’s use of Agency Content or Axon Evidence violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Evidence. If Agency becomes aware of any violation of this Agreement by an end-user, Agency will immediately terminate that end user’s access to Axon Evidence. Agency is also responsible for maintaining the security of end-user names and passwords and taking steps to maintain appropriate security and access by end-users to Agency Content. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. Agency may download the audit log at any time. Agency shall contact City Council 17 – 15 10/1/2024 Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department:Legal Version: 1.0 Release Date: 3/2/2023 Page 7 of 11 Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Axon immediately if an unauthorized third party may be using Agency’s account or Agency Content or if account information is lost or stolen. 7 Privacy.Your use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products. 8 Storage. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access. 9 Location of Data Storage. Axon may transfer Agency Content to third party subcontractors for storage. Axon will determine the locations of data centers where Agency Content will be stored. Axon will ensure all Agency Content stored in Axon Evidence remains within the country the Agency is located. Ownership of Agency Content remains with Agency. 10 Suspension. Axon may suspend Agency access or any end-user’s right to access or use any portion or of Axon Evidence immediately upon notice, if: 10.1.The Termination provisions of the TASER 7 or TASER 10 Terms and Conditions apply; 10.2.Agency or an end-user’s use of or registration for Axon Evidence (i) poses a security risk to Axon Evidence or any third party, (ii) may adversely impact Axon Evidence or the systems or content of any other customer, (iii) may subject Axon, Axon’s affiliates, or any third party to liability, or (iv) may be fraudulent; Agency remains responsible for all fees incurred through the date of suspension without any credits for any period of suspension. Axon will not delete any of Agency Content on Axon Evidence due to suspension, except as specified elsewhere in this Agreement. 11 Axon Evidence Warranty. Axon warrants that Axon Evidence will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to Axon Evidence. 12 Axon Evidence Restrictions. All Axon Evidence subscriptions will immediately terminate if Agency does not comply with any term of this Agreement. Agency and Agency end-users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 12.1.copy, modify, tamper with, repair, or create derivative works of any part of Axon Evidence; 12.2.reverse engineer, disassemble, or decompile Axon Evidence or apply any other process to derive any source code included in Axon Evidence, or allow any others to do the same; 12.3.access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 12.4.use trade secret information contained in Axon Evidence, except as expressly permitted in this Agreement; 12.5.access Axon Evidence to build a competitive product or service or copy any features, functions, or graphics of Axon Evidence; 12.6.remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Evidence; or 12.7.use Axon Evidence to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third-party privacy rights, or to store or City Council 17 – 16 10/1/2024 Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department:Legal Version: 1.0 Release Date: 3/2/2023 Page 8 of 11 Axon Enterprise, Inc.’s TASER Energy Weapon Agreement transmit malicious code. 13 After Termination.Axon will not delete Agency Content for 90 days following termination. During these 90 days, Agency may retrieve Agency Content only if all amounts due have been paid. There will be no application functionality of Axon Evidence during these 90 days other than the ability to retrieve Agency Content. Agency will not incur any additional fees if Agency Content is downloaded from Axon Evidence during these 90 days. Axon has no obligation to maintain or provide any Agency Content after these 90 days and will thereafter, unless legally prohibited delete all of Agency Content stored in Axon Evidence. Upon request, Axon will provide written proof that all Agency Content has been successfully deleted and fully removed from Axon Evidence. 14 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s Data Egress Services, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 15 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Evidence on behalf of U.S. Federal department, Axon Evidence is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data,” as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Evidence on behalf of the U.S. Government and these terms fail to meet the U.S.Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue the use of Axon Evidence. 16 Survival. Upon any termination of this Agreement, the following sections will survive: Agency Owns Agency Content, Storage, Axon Evidence Warranty, and Axon Evidence Restrictions. City Council 17 – 17 10/1/2024 Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department:Legal Version: 1.0 Release Date: 3/2/2023 Page 9 of 11 Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Axon Customer Experience Improvement Program Appendix 1 Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers, to provide, develop, improve, and support current and future Axon products (collectively, “ACEIP Purposes”). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers. 1.1 ACEIP Tier 1. 1.1.1.When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, “ACEIP Content”). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual (“Privacy Preserving Technique(s)”). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes.Within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices 1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed. City Council 17 – 18 10/1/2024 Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department:Legal Version: 1.0 Release Date: 3/2/2023 Page 10 of Axon Enterprise, Inc.’s TASER Energy Weapon Agreement applicable to the Agency Content or ACEIP Content (“Use Case”). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) (“New Use Case”). 1.1.2.Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. 1.2 ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon’s services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2, grants Axon certain additional rights to use Agency Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed or de-identified data. ☐Check this box if Agency wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. By checking this box, Agency hereby agrees to the Axon Customer Experience Improvement Program Tier 2 Terms of Service, available at https://www.axon.com/sales-terms-and-conditions and incorporated herein by reference. City Council 17 – 19 10/1/2024 Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department:Legal Version: 1.0 Release Date: 3/2/2023 Page 11 of Axon Enterprise, Inc.’s TASER Energy Weapon Agreement TASER 10 Appendix This TASER 10Appendix applies to Agency’s TASER 10, OSP 10, OSP Plus, orOSP 10 Plus Premium purchase from Axon, if applicable. 1.Duty Cartridge Replenishment Plan. If the Quote includes “Duty Cartridge Replenishment Plan”,Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty. 2.Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, “Training Content”), Agency may access Training Content. Axon will deliver all Training Content electronically. 3.Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus the 4-year extended term. 4.Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount (“Trade-In Units”)to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit. Agency Size Days to Return from Start Date of TASER 10 Subscription Less than 100 officers 60 days 100 to 499 officers 90 days 500+ officers 180 days 5.TASER 10 Subscription Term.The TASER 10 Subscription Term for a standalone TASER 10 purchase begins on shipment of the TASER 10 hardware. The TASER 10 Subscription Term for OSP 10 begins on the OSP 10 Start date. 6.Access Rights. Upon Axon granting Agency a TASER 10 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 10 CEW devices during the TASER 10 Subscription Term. Agency may not exceed the number of end users than the Quote specifies. 7.Agency Warranty.Agency warrants and acknowledges that TASER 10 is classified as a firearm and is being acquired for official Agency use pursuant to a law enforcement agency transfer under the Gun Control Act of 1968. 8.Purchase Order.To comply with applicable laws and regulations, Customer must provide a purchase order to Axon prior to shipment of TASER 10. City Council 17 – 20 10/1/2024 Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department:Legal Version: 1.0 Release Date: 3/2/2023 Page 12 of Axon Enterprise, Inc.’s TASER Energy Weapon Agreement City Council 17 – 21 10/1/2024 Page 1Q-588270-45533.620MTAxon Enterprise, Inc.17800 N 85th St.Scottsdale,Arizona85255 United StatesVAT: 86-0741227Domestic: (800) 978-2737International: +1.800.978.2737EXHIBIT BQ-588270-45533.620MTAccountNumber:105857PaymentTerms:N30DeliveryMethod:Quote Summary Discount SummaryQuote Expiration: 12/01/2024Estimated Contract Start Date: 01/01/2025Issued: 08/29/2024SHIP TOBILL TOSantaAnaPoliceDept-CA60 CIVIC CENTER PLZSANTAANA,CA92701-4060USASantaAnaPoliceDept-CA20 Civic Center PlzSantaAnaCA92701-4058USAEmail:SALES REPRESENTATIVEPRIMARY CONTACTBrian BlackOscarLizardiPhone: 6024991427Phone: (714)245-8041Email: bblack@axon.comEmail: olizardi@santa-ana.orgFax:Fax: (714) 245-8606Program Length 60 MonthsTOTAL COST$1,823,261.97ESTIMATED TOTAL W/ TAX$1,963,569.00Average Savings Per Year $84,929.01TOTAL SAVINGS$424,645.03 City Council 17 – 22 10/1/2024 Page 2 Q-588270-45533.620MT Payment Summary Date Subtotal Tax Total Dec 2024 ($1,722.00) $0.00 ($1,722.00) Jan 2025 $336,941.53 $25,904.48 $362,846.01 Jan 2026 $350,419.18 $26,940.66 $377,359.84 Jan 2027 $364,435.95 $28,018.31 $392,454.26 Jan 2028 $379,013.39 $29,139.04 $408,152.43 Jan 2029 $394,173.92 $30,304.54 $424,478.46 Total $1,823,261.97 $140,307.03 $1,963,569.00 City Council 17 – 23 10/1/2024 Page 3 Q-588270-45533.620MT Quote Unbundled Price: $2,247,907.00 Quote List Price: $1,956,547.00 Quote Subtotal: $1,823,261.97 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Delivery Schedule Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - TASER 10 CERTIFICATION 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 400 2 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 13 2 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 400 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 13 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 16 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 18 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100396 AXON TASER 10 - MAGAZINE - INERT RED 30 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 8000 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 2400 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100401 AXON TASER 10 - CARTRIDGE - INERT 300 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 400 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100623 AXON TASER - TRAINING - ENHANCED HALT SUIT V2 4 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 400 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 68 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 13 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 4 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 4 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 4 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 6 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 6 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 1200 1 12/01/2025 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 3200 1 12/01/2025 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 1200 1 12/01/2026 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 3200 1 12/01/2026 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 1200 1 12/01/2027 Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 $1.00 ($1,722.00) ($1,722.00) $0.00 ($1,722.00) C00010 BUNDLE - TASER 10 CERTIFICATION 400 60 $93.38 $81.24 $75.83 $1,819,920.00 $140,307.03 $1,960,227.03 A la Carte Services 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $6,786.00 $5,063.97 $5,063.97 $0.00 $5,063.97 Total $1,823,261.97 $140,307.03 $1,963,569.00 City Council 17 – 24 10/1/2024 Page 4 Q-588270-45533.620MT Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 3200 1 12/01/2027 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 1200 1 12/01/2028 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 3200 1 12/01/2028 Software Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - TASER 10 CERTIFICATION 101180 AXON TASER - DATA SCIENCE PROGRAM 400 01/01/2025 12/31/2029 BUNDLE - TASER 10 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 400 01/01/2025 12/31/2029 BUNDLE - TASER 10 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 2 01/01/2025 12/31/2029 Services Bundle Item Description QTY BUNDLE - TASER 10 CERTIFICATION 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 400 BUNDLE - TASER 10 CERTIFICATION 101193 AXON TASER - ON DEMAND CERTIFICATION 1 A la Carte 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - TASER 10 CERTIFICATION 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 400 12/01/2025 12/31/2029 BUNDLE - TASER 10 CERTIFICATION 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 13 12/01/2025 12/31/2029 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 400 12/01/2025 12/31/2029 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 13 12/01/2025 12/31/2029 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 68 12/01/2025 12/31/2029 BUNDLE - TASER 10 CERTIFICATION 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 4 12/01/2025 12/31/2029 City Council 17 – 25 10/1/2024 Page 5 Q-588270-45533.620MT Shipping Locations Location Number Street City State Zip Country 1 60 CIVIC CENTER PLZ SANTA ANA CA 92701-4060 USA 2 60 CIVIC CENTER PLZ SANTA ANA CA 92701-4060 USA Payment Details Dec 2024 Invoice Plan Item Description Qty Subtotal Tax Total Invoice Upon Fulfillment 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($1,722.00) $0.00 ($1,722.00) Total ($1,722.00) $0.00 ($1,722.00) Jan 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $934.95 $0.00 $934.95 Year 1 C00010 BUNDLE - TASER 10 CERTIFICATION 400 $336,006.58 $25,904.48 $361,911.06 Total $336,941.53 $25,904.48 $362,846.01 Jan 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $972.34 $0.00 $972.34 Year 2 C00010 BUNDLE - TASER 10 CERTIFICATION 400 $349,446.84 $26,940.66 $376,387.50 Total $350,419.18 $26,940.66 $377,359.84 Jan 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $1,011.24 $0.00 $1,011.24 Year 3 C00010 BUNDLE - TASER 10 CERTIFICATION 400 $363,424.71 $28,018.31 $391,443.02 Total $364,435.95 $28,018.31 $392,454.26 Jan 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $1,051.69 $0.00 $1,051.69 Year 4 C00010 BUNDLE - TASER 10 CERTIFICATION 400 $377,961.70 $29,139.04 $407,100.74 Total $379,013.39 $29,139.04 $408,152.43 Jan 2029 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $1,093.75 $0.00 $1,093.75 Year 5 C00010 BUNDLE - TASER 10 CERTIFICATION 400 $393,080.17 $30,304.54 $423,384.71 Total $394,173.92 $30,304.54 $424,478.46 City Council 17 – 26 10/1/2024 Page 6 Q-588270-45533.620MT Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. City Council 17 – 27 10/1/2024 Page 7 Q-588270-45533.620MT Exceptions to Standard Terms and Conditions Agency has existing contract(s) originated via Quote(s): Q-222010 Agency is terminating those contracts effective 1/1/2025. Any change in this date will result in modification of the program value which may result in additional fees or credits due to or from Axon. The parties agree that Axon is applying a Net Transfer Credit of ($1,722) to the quote for paid but undelivered items. Signature Date Signed 8/29/2024 City Council 17 – 28 10/1/2024 Page 8 Q-588270-45533.620MT City Council 17 – 29 10/1/2024 Public Works Agency www.santa-ana.org/public-works Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Police Vehicle Conversion Equipment and Installation Services AGENDA TITLE Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle Conversion Equipment and Installation Services (Specification No. 24-105) (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services, for a three-year period commencing October 1, 2024 and expiring September 30, 2027, with a provision for one, two-year renewal option, for a total amount, including extension, not to exceed $2,000,000 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency’s (PWA) Parks, Fleet, and Facilities Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. Before releasing vehicles to City Departments, Fleet Services ensures City vehicles are outfitted with light bars, sirens, decals, and other equipment as needed. The Police Department currently uses the Ford Interceptor Utility as the standard patrol vehicle. In this fiscal year 2024-2025, PWA is expecting a total of 18 vehicles to be delivered with an additional 14 vehicles the following fiscal year. PWA staff must outfit each of the vehicles with police-related equipment such as light bars, sirens, weapon racks, security seating, push bumpers, etc. before releasing them to the Police Department. The estimated cost to purchase the necessary equipment for each vehicle ranges from $17,000 to $24,000. Santa Ana Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency employing a competitive bid process. The County of Orange’s contract with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services has been awarded as a result of open, competitive bidding and meets the City’s requirements. Utilizing this contract will ensure immediate City Council 18 – 1 10/1/2024 Police Vehicle Conversion Equipment and Installation Services October 1, 2024 Page 2 4 5 2 6 access and availability to the police-related equipment required to outfit these vehicles in a timely manner. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available in the Fleet Services Equipment Replacement account for Fiscal Year 2024-25. Funds will be budgeted in future fiscal years for City Council consideration. Fiscal Year Accounting Unit Fund Description Accounting Unit, Account Description Amount 2024-25 (October- June) 07017100- 66400 Fleet Equipment Replacement Fund Fleet Services Equipment Replacement, Machinery and Equipment $300,000 2025-26 07017100- 66400 Fleet Equipment Replacement Fund Fleet Services Equipment Replacement, Machinery and Equipment $400,000 2026-27 07017100- 66400 Fleet Equipment Replacement Fund Fleet Services Equipment Replacement, Machinery and Equipment $400,000 2027-28 (July – September) 07017100- 66400 Fleet Equipment Replacement Fund Fleet Services Equipment Replacement, Machinery and Equipment $100,000 Optional Two 1-Year Extensions 2027-28 (October- June) 07017100- 66400 Fleet Equipment Replacement Fund Fleet Services Equipment Replacement, Machinery and Equipment $300,000 2028-29 07017100- 66400 Fleet Equipment Replacement Fund Fleet Services Equipment Replacement, Machinery and Equipment $400,000 2029-30 (July- September) 07017100- 66400 Fleet Equipment Replacement Fund Fleet Services Equipment Replacement, Machinery and Equipment $100,000 Total $2,000,000 City Council 18 – 2 10/1/2024 Police Vehicle Conversion Equipment and Installation Services October 1, 2024 Page 3 4 5 2 6 EXHIBIT(S) 1. Agreement with Stommel, Inc. dba LEHR Auto Electric Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 18 – 3 10/1/2024 AGREEMENT BETWEEN STOMMEL, INC. DBA LEHR AUTO ELECTRIC AND CITY OF SANTA ANA FOR POLICE VEHICLE CONVERSION & INSTALLATION SERVICES THIS AGREEMENT is authorized on this 1st day of October, 2024, and will commence on October 1, 2024 (as provided in Section 3), by and between Stommel, Inc dba LEHR Auto Electric, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.The City desires to retain a Consultant having special skill and knowledge to provide conversion equipment and installation services for vehicles to be used by the Santa Ana Police Department. The Public Works Department is responsible for maintaining vehicles for the City. B.Santa Ana Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency employing a competitive bid process. The County of Orange’s contract with Stommel, Inc. dba LEHR Auto Electric, for police vehicles conversion equipment and installation services has been awarded as a result of open, competitive bidding and meets the City’s requirements. Consultant represents that Consultant is able and willing to provide such services to the City. C.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2.COMPENSATION a.City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the first three (3)-years of this Agreement is $1,200,000, and $800,000 for the two (2) year extension. The total amount to be expended during the term of this Agreement shall not exceed $2,000,000. b.Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree EXHIBIT 1 City Council 18 – 4 10/1/2024 City Council 18 – 5 10/1/2024 City Council 18 – 6 10/1/2024 City Council 18 – 7 10/1/2024 City Council 18 – 8 10/1/2024 City Council 18 – 9 10/1/2024 City Council 18 – 10 10/1/2024 S/`+FNqSWqJ+FN`+FNq^d1DqU7WJF`^q IF17N^7^q+UUWSi+I^ql+Fi7W^q +Q3q 7m7JU`FSN^q &+F3qFN+/FIF`nq^D+IIq/7q 1+d^7q>Wq`7WJFO+`FSNqS8q`DF^qCW77J7N`q NnqNS`F27q`7N37Wq37J+N3q 37IFi7WnqTWqS`E7Wq1SJJeNF1+`FSNqUdW^d+N`q`Sq`DF^qCW77J7N`q^D+IIq07 FNqlWF`FNCq+N3q^E+IIq/7q377J73q`Sq/7q UWSU7WInq CFi7NqF8q47IFi7W73qFNqU7W^SNqSWq J+FI73q/nq=W^`q1I+^^qSWq 17WcF=73qJ+FIqVS^`+C7qUW7U+F3qSWq^7N`q/nq9mqSWqS`D7Wq`7I7CW+UDF1q2SJMdNF1+`FSNqFNq`D7qJ+NN7WqUWSjF374q FNq`DF^q &71`FSNq`Sq`D7q>IISlFNCqU7W^SN^q 'SqF`nq FcnqI7XHq F`nqS8q&+N`+qN+q qFiF1q7N`7Wq$I+p+q!q $#qSmqq &+N`+qQ+qq q +mq q *F`Dq2SdW`7^nq2SUF7^q`Sq m71d`Fj7qFW71`SWq$d/IF2q*SWH^q G`nqS8q&+R`+qN+q qFiF1q7N`7Wq$I+p+q!q $#qSmqq &+N`+qN+q+IF>\F+q q 'SqSN`W+1`SWq FJq&`SLK7Iq$W7^F37N`q &`SJJ7IqN1q4/+q %qf`SqI71`WG1q q$YS`S`oU7qWq %7NSq")q q qU+Z`nq J+nq1E+NC7q F`^q+33W7^^q/nq CFjFNCqNS`F17qGNqlWF`FNCq`Sq`E7qS`D7XqU,Wcnq 'E7W7+A7Wq,Nnq 1SJJdNF1+`FSOq^D+IIq/7q +33W7^^73q+N3q`W,N^JF``73q`Sq`D7qN7lq+367^^q 8q^7N`q/nqJ+FIq2SJJeNF1+`FSNq ^D+IIq/7q7<71`Fk7qSWq377J74q`SqE+i7q/77NqCFi7Nq`EW77qq 3+n^q +8`7WqF`q D+^q/77Nq37US^F`73qFNq `D7q (NF`73q &`+`7^qJ+FIq3dInqW7CF^`7W73qSWq27W`F=73qlF`DqUS^`+C7qUW7U+F3q+O3q+33W7^^73q+^q^7`q>W`Dq+/Si7q 8q^7N`q/nq 9mq1SJMdNF1+`FSNq^E+IIq/7q7<72`Fi7qSWq377J73q`SqD+i7q/77NqCFj7Nqcl7N`n?dWq qESdW^q+A7Wq`D7q`FJ7q ^7`q>YcEqSPq`E7q `Y-^KG_^GSNqW7USW`qF^^d73q/nq `D7q `W+N^JF``FNCq:1^FJFI7qJ+1EFN7q+35W7^^73q+^q ^7`q>W`Eq +/Si7q SWq Ud[US^7^qS8q 1+I1dI+`FNCq`E7^7q`FJ7q@+J7^q l77H7N3^q;37W+Iq ^`+`7qSdNbnqSWqF`nqDSIF3+n^q ^D+IIq/7q7m1Id373q ++1DqdN37W^FCN73qW7UW7^7N`^q+N3q l.W,N`^q`E+`qF`^q^FCO+`hW7qE7W7FNq/7ISlqE+^q `E7qUSl7W +d`DSWF`nq+O3qWFCDaq`Sq/FN3q`E7FWqW7^U72`Fj7qU+W`F7^q`Sq7+1DqS8q`D7q`7WK^qS8q`DF^qCW77K7N` +N3q^D+IIqFN37JOF8nq FcnqBIInq FN1Ig3FNCqW7+^SN+/I7q 1S^`^q+N3q+``S]7n^q;7^q>Wq+Nn City Council 18 – 11 10/1/2024 @@@@@@@@@@@@@@@@@@@@@@@@@ /"#*-4"#" 1& &YFDVUJWF%JSFDUPS 1VCMJD8PSLT Nabil Saba Digitally signed by Nabil Saba Date: 2024.08.26 11:25:03 -07'00' City Council 18 – 12 10/1/2024 City Council 18 – 13 10/1/2024 City Council 18 – 14 10/1/2024 City Council 18 – 15 10/1/2024 City Council 18 – 16 10/1/2024 City Council 18 – 17 10/1/2024 Public Works Agency www.santa-ana.org/public-works Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Climate Action Plan Update Services AGENDA TITLE Agreement with Cumming Management Group, Inc. for Climate Action Plan Update Services (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Cumming Management Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with a contingency of $45,006 for a total amount of $495,066, for a three-year term beginning October 1, 2024 and expiring September 30, 2027, with an option for two, one-year extensions (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The City of Santa Ana Public Works Agency (PWA)’s Administration Division is responsible for the administration of the Climate Action Plan (CAP), including updating the goals and measures that will continue to move the City towards becoming more sustainable for future generations while mitigating our impact on the environment. Many of the strategies and measures have positive long-term benefits for the community such as improved air quality, reduced energy use, reduced traffic congestion, reinvestment in the community, and a healthier environment. The measures established in the CAP were projected to accomplish the goals of 15% reduction in community-wide emissions by 2020 and nearly reach a 30% reduction by 2035. Since the CAP’s adoption, the City has implemented several measures that likely have resulted in a decrease in the City’s greenhouse gas (GHG) emissions. Approval of the recommended action will provide the consultant services needed to measure the progress made, update new metrics, and track ongoing efforts and emissions toward citywide and state-level goals. One method for achieving these CAP vision goals relies upon updating existing policies and implementing new strategies and programs in order to further reduce our GHG emissions. Since the approval of the City’s first CAP, GHG emissions within the City were to be reduced in accordance with statewide targets through the implementation of City Council 19 – 1 10/1/2024 Climate Action Plan Update Services October 1, 2024 Page 2 4 5 4 0 mitigation measures. The CAP outlined GHG reduction for the following emission producing sectors: Transportation and Land Use, Energy, Solid Waste, Water, and Wastewater. Additionally, the CAP previously committed the City to provide progress reports to track and monitor the implementation of the document. This was not completed due to lack of funding and will be assessed as part of the deliverables of the proposed scope of work. Included in this scope’s deliverables is the creation of a Community Engagement Plan. This development will serve as a robust and equitable outreach and engagement plan to detail our process for how all community outreach efforts will be coordinated, finding the right balance between individual interviews, focus groups, online surveys, public workshops, public comment, and community events. The consultant will tailor the type of engagement to the stakeholder group and desired outcomes presented. It is intended to engage with the City Council, the City’s Environmental Justice Action Committee, the City’s Environmental and Transportation Advisory Commission, Santa Ana businesses and residents, and municipal staff for collective engagement. To properly identify efforts invested and provide meaningful updates to the City’s CAP, PWA seeks to enter into an agreement with a qualified consulting firm to assist with building on past successes and modify any targets to reflect current technologies, policies, and mandates. The consultant shall provide support services including municipal and City-wide GHG inventories, baseline and forecasted greenhouse gas inventories (including business-as-usual) subject to goal setting years, strategy and action selection and quantification, strategy and action prioritization, and other technical support services identified through the development of the updated CAP. On April 5, 2024, PWA released Request for Proposal (RFP) No. 24-044 (Exhibit 1) to select one firm to provide services in updating the City’s CAP originally adopted in December 2015. The RFP to update this plan included an evaluation criteria consisting of responsiveness to the RFP, understanding of need, relevant property experience/schedule of delivery, and references. The RFP was advertised on the City’s online procurement management and publication system, PlanetBids, with electronic proposals due on May 24, 2024. Eleven responsive proposals were received and evaluated by a selection committee. Of the 11 proposals received, the top ranked five firms were invited for an interview where the top scoring firm was selected. Firm City Rank Cumming Management Group, In.c Los Angeles, CA 1 Dudek Encinitas, CA 2 Placeworks Santa Ana, CA 3 Buro Happold Consulting Engineers, Inc.Los Angeles, CA 4 City Council 19 – 2 10/1/2024 Climate Action Plan Update Services October 1, 2024 Page 3 4 5 4 0 Firm City Rank Michael Baker International, Inc.Santa Ana, CA 5 Staff recommends awarding an agreement to Cumming Management Group, Inc. (Exhibit 2) to provide necessary updates based on the scope of work and selection criteria outlined in RFP 24-044. Their proposal demonstrated that the firm has the necessary capacity and expertise to complete the required services (Exhibit 3). The firm’s rates are reasonable and within industry standard, the team qualifications are appropriate for this project, and the proposal was determined to provide the best value for the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action FISCAL IMPACT Funds are available in the following account, and will be presented to City Council for approval of carryforward to FY 2024-25 as part of the citywide carryforward process. Additional proposed carryovers of unspent funds to future fiscal years will be presented to the City Council for approval as needed. EXHIBIT(S) 1. RFP #24-044: Climate Action Plan Update 2. Agreement with Cumming Management Group, Inc. 3. Fee Proposal Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager Fiscal Year Accounting Unit - Account No. Fund Description Accounting Unit - Account No. Description Amount FY 24-25 01117017-62300 (24-6006)General Fund PWA-Service Enhancement, Contract Services- Professional $495,066 TOTAL:$495,066 City Council 19 – 3 10/1/2024 EXHIBIT 1 City Council 19 – 4 10/1/2024 CITY OF SANTA ANA TABLE OF CONTENTS I. BACKGROUND ........................................................................................................................... 3 II. OVERVIEW OF PROJECT .......................................................................................................... 3 III. PRE-PROPOSAL MEETING ....................................................................................................... 3 IV. TERM OF AGREEMENT ............................................................................................................ 3 V. MINIMUM QUALIFICATIONS ...................................................................................................... 4 VI. RESPONSE TO RFP .................................................................................................................. 4 VII. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 8 VIII. REFERENCES ............................................................................................................................ 9 IX. MINIMUM SCOPE AND LIMIT OF INSURANCE ......................................................................... 9 X. SELECTION PROCEDURES & CRITERIA ................................................................................. 9 XI. WITHDRAWALS........................................................................................................................ 11 XII. GENERAL TERMS AND CONDITIONS .................................................................................... 11 XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS ........................ 15 XIV. AWARD OF AGREEMENT ........................................................................................................ 19 XV. IMPLEMENTATION ................................................................................................................... 19 EXHIBITS Exhibits provided herein for Proposers’ reference only. EXHIBIT I – SCOPE OF SERVICES EXHIBIT II – SAMPLE AGREEMENT EXHIBIT III – COMMUNITY WORKFORCE AGREEMENT (CWA) ATTACHMENTS A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING B PROPOSER’S STATEMENT C NON-COLLUSION AFFIDAVIT D NON-LOBBYING CERTIFICATION E NON-DISCRIMINATION CERTIFICATION F SUBCONTRACTOR DESIGNATION FORM G CARB FLEET COMPLIANCE CERTIFICATION H STATEMENT REGARDING CWA REQUIRMENTS City Council 19 – 5 10/1/2024 CITY OF SANTA ANA 3 I. BACKGROUND The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/ II. OVERVIEW OF PROJECT The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide an update to the City’s Climate Action Plan. See EXHIBIT I for complete Scope of Services. The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). Funding sources for each project may vary and shall comply with the funding agency’s requirements. Special conditions may apply. CARB FLEET REGULATIONS: The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Proposers are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Proposers must provide, with their Proposal, copies of Proposer’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Proposal non-responsive. III. PRE-PROPOSAL MEETING A pre-proposal meeting will not be held for this RFP. IV. TERM OF AGREEMENT The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years. Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. City Council 19 – 6 10/1/2024 CITY OF SANTA ANA 4 V. MINIMUM QUALIFICATIONS The consultant or consultant team should have demonstrated experience in completing work on climate action plans/projects in cities or counties which developed mitigation measures/performance standards that considered factors such as topography, infrastructure, climate, transit/active transportation options, and private vs. public land ownership. VI. RESPONSE TO RFP A. SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. Additionally, it is a requirement that five (5) hard copy proposals be delivered to the Public Works Agency drop box located on the first floor of Ross Annex across from the Development Permit counter in an enclosed sealed envelope and marked clearly with the following: Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids. PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. “SEALED PROPOSAL FOR CLIMATE ACTION PLAN UPDATE RFP NO. 24-044 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL.” City of Santa Ana Attn.: Hayley Gilbert Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 City Council 19 – 7 10/1/2024 CITY OF SANTA ANA 5 All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. B. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab. D. EXCEPTIONS Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions. E. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. F. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement City Council 19 – 8 10/1/2024 CITY OF SANTA ANA 6 process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. G. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. 1. Statement of Qualifications (SOQ) SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following City Project Manager: Hayley Gilbert, Projects Manager City of Santa Ana – Public Works Agency, CIP Engineering 20 Civic Center Plaza Santa Ana, CA 92701 b. Services Provided Proposal shall include a Scope of Services and Schedule which detail the work phase to be completed, the tasks to be accomplished, the deliverables to be provided, the schedule/timeline to complete the project, and how they meet the needs of the City as described in Exhibit I – Scope of Services. c. Agreement Statement Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any). d. Firm and Team Experience Proposal shall include a profile of the firm’s experience including the following: i. A general description of the firm, including size and number of employees working directly with the City on this agreement. City Council 19 – 9 10/1/2024 CITY OF SANTA ANA 7 ii. Firm’s nearest address serving the City of Santa Ana and headquarters address. iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience. e. Proposed Work Plan/Understanding of Need Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services. Additionally, proposed work plan shall include Proposers’: i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any); iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years. g. CARB Fleet Compliance The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Proposers must submit, with their Proposals, valid Certificates of Reported Compliance (“CRC”) for the Proposer’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Proposer must additionally complete and submit the Fleet Compliance Certification, included herein as ATTACHMENT H. Failure to provide a CRC for the Proposer, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Proposal non-responsive. 2. Cost Proposal All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages. The fee proposal shall be submitted separately and concurrently with the technical proposal, electronically in PlanetBids, and as a hard copy in a separately sealed enveloped, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule, as outlined in the Scope of Work. City Council 19 – 10 10/1/2024 CITY OF SANTA ANA 8 The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.) H. PROTEST PROCEDURES Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must: 1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system; 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered. VII. CERTIFICATIONS (ATTACHMENTS) In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: • Attachment A: Proposer’s Certification and Proposal Item Pricing • Attachment B: References • Attachment C: Proposer’s Statement City Council 19 – 11 10/1/2024 CITY OF SANTA ANA 9 • Attachment D: Non-Collusion Affidavit • Attachment E: Non-Lobbying Certification • Attachment F: Non-Discrimination Certification • Attachment G: Subcontractor Designation Form • Attachment H: CARB Fleet Compliance Certification • Attachment I: Statement Regarding CWA Requirements The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. PLEASE NOTE: • All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer. • City will not waive notarization requirement when applicable on any of the required attachments. VIII. REFERENCES Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references. City may disqualify a Proposer if: • References fail to substantiate Proposer’s description of services and deliverables provided; or • References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or • City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours. IX. MINIMUM SCOPE AND LIMIT OF INSURANCE See Exhibit II – Sample Agreement X. SELECTION PROCEDURES & CRITERIA A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. City Council 19 – 12 10/1/2024 CITY OF SANTA ANA 10 B. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria: C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. Interviews: The review committee may invite the proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions. E. Selection: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected. The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee CATEGORY POINTS Responsiveness to RFP • Proposal’s compliance with the requirements of this RFP. • Scope of Services offered including ability to provide optional services. • The value to any new and/or innovative product or service suggestions or other new ideas and enhancements. 20 Understanding of Need • Include milestones of completion of key tasks, to be completed by specific team members. 35 Relevant Project Experience/Schedule of Delivery • Relevant project experience within the last 5 years, including experience with public agencies. • The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff. 40 References • References that are similar in size and project scope to the City. 5 TOTAL POSSIBLE SCORE (Before interviews – if held) 100 Interviews • The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points. 20 City Council 19 – 13 10/1/2024 CITY OF SANTA ANA 11 will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. XI. WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. XII. GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY BUSINESS LICENSE The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City’s website: www.santa-ana.org C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other City Council 19 – 14 10/1/2024 CITY OF SANTA ANA 12 related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. E. CONTRACTOR’S EXPENSE Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre- contractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall City Council 19 – 15 10/1/2024 CITY OF SANTA ANA 13 become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. I. DRUG-FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. J. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. M. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City. N. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor. City Council 19 – 16 10/1/2024 CITY OF SANTA ANA 14 The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. O. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. P. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. Q. NON-PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. R. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. S. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. T. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s City Council 19 – 17 10/1/2024 CITY OF SANTA ANA 15 Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. U. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. V. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. W. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. X. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. Y. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS A. PREVAILING WAGE The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated City Council 19 – 18 10/1/2024 CITY OF SANTA ANA 16 herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1). Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. Prevailing Wage Compliance and Monitoring Contractor is aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirement on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. B. DIR REGISTRATION This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations. C. CAL-OSHA VEHICLE REGULATION All vehicles must meet California Motor Vehicle and Cal-OSHA regulations and all other applicable codes required for vehicle use on the roads or highways in the state of California. D. CARB FLEET COMPLIANCE CERTIFICATION Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). City Council 19 – 19 10/1/2024 CITY OF SANTA ANA 17 Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. E. QUALITY ASSURANCE Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified. F. COMMUNITY WORFORCE AGREEMENT For projects with bids greater than $750,000 for prime multi-trade construction contracts (including all subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft or limited to a singular scope of work), the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA). This project is considered a specialty contract. The CWA is a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA is incorporated by reference in the Construction Contract. A copy of the CWA may be found in EXHIBIT III. G. CONSTRUCTION WASTE MANAGEMENT Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste and non-usable material resulting from the work under this Contract and shall be disposed of at the completion of each work day by the Contractor. Hazardous waste must be disposed of in accordance with the Resource Conservation and Recovery Act and all other applicable federal, state, and local laws and regulations. H. CHEMICALS Handling and delivery of all materials must comply with all local, State, and Federal safety regulations and must maintain appropriate hazardous material transportation and handling certifications and licensing as applicable. I. SAFETY PROGRAM REQUIREMENTS Work Site Safety shall be as defined by the Standard Specifications and these special provisions: Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site. The following is required in addition to the requirements of the Standard Specification: City Council 19 – 20 10/1/2024 CITY OF SANTA ANA 18 a. Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. b. Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards. c. Contractor, their employees and subcontractors shall follow all safety rules and safe work practices. d. Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work. e. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. f. Contractor is solely responsible for the legal disposal of hazardous waste generated in the performance of their work. Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi-employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work. J. OTHER SAFETY REQUIREMENTS Contractor shall take all reasonable precautions, as directed by the City, or in the absence of such direction, in accordance with sound industrial practices, to safeguard and protect City property and adjacent property. Damages to properties caused by Contractor’s negligence shall be repaired at no cost (both labor and material) to the City. Contractor is responsible for advising and ensuring compliance by Contractor’s employees with all applicable environmental and hazardous materials handling laws and regulations. Contractor shall provide City a full report of damage to City property and/or equipment by Contractor’s employees. All damage reports shall be submitted to the Site Coordinator within twenty-four (24) hours of occurrence. Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) as required or necessary to ensure the safety of the public, City, and Contractor’s employees. K. SPILL LIABILITY The City does not assume liability for spills or other releases of hazardous wastes which are caused by the negligence of the contractor once hazardous waste materials are in the possession of the contractor or transported off site. L. RECORDKEEPING AND REPORTS Contractor is required to provide upon request, detailed data and information required by the City. Information may include: generator EPA ID, contractor EPA ID, generator name, waste City Council 19 – 21 10/1/2024 CITY OF SANTA ANA 19 description, manifest number and line number, date waste shipped, disposal and recycling facilities utilized, final disposal method utilized, quantity shipped (pounds), waste profile number, and any additional information requested. All records and reports shall be available in electronic (including Excel, Word, and PDF Format) and hard copy format at all times during the term of the contract. XIV. AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. XV. IMPLEMENTATION A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. “On-Call” contracts require the City Project Managers to request a project/task proposal from Consultants on an “as-needed” basis. Proposals will then be evaluated by City Staff and written NTPs will be issued accordingly per task order. City Council 19 – 22 10/1/2024 CITY OF SANTA ANA INTRODUCTION/BACKGROUND In December of 2015, the City of Santa Ana City Council approved the City’s first Climate Action Plan (CAP), which described how greenhouse gas (GHG) emissions within the City of Santa Ana were to be reduced in accordance with statewide targets through the implementation of certain mitigation measures. The measures established in the CAP were projected to accomplish the goals of a 15% reduction in community-wide emissions by 2020 and nearly reach a 30% reduction by 2035. The CAP measures affecting municipal operations were projected to accomplish goals of 30% reduction by 2020 and a 40% reduction by 2035. The CAP can be found on the Climate Action page of the City’s website: https://docs.google.com/viewerng/viewer?url=https://storage.googleapis.com/proudcity/santaanaca/upl oads/2022/03/Climate-Action-Plan.pdf The CAP outlined greenhouse gas (GHG) reduction measures for the following GHG emission producing sectors: Transportation and Land Use, Energy, Solid Waste, Water, and Wastewater. Since the CAP’s adoption, the City has implemented several measures that likely have resulted in a decrease in the City’s GHG emissions. In the CAP, the City committed to progress reports to track and monitor implementation of the document, which was not completed and will be assessed as part of the deliverables of this scope of work. The City has since updated the Circulation Element of the General Plan, which includes Complete Streets policies to bring the City in compliance with the Complete Streets Act. The City has also adopted a Pedestrian Master Plan, Facilities Master Plan, Parks Master Plan, and updates to its Bicycle Master Plan. All plans outline and prioritize active transportation, multi-modal mobility, and open space and recreation improvements. The construction of the Orange County (OC) Streetcar will also be finalized by 2025, providing a clean electric transit mode for transit-dependent commuters within Santa Ana. The City has established a Hybrid and Alternative Fuel Vehicle Acquisition Policy to be environmentally sensitive in the purchasing the leasing of vehicles for City use, and is implementing a citywide Smart Water Meter Program with automated meter upgrades to help save water and support sustainability efforts. MINIMUM REQUIREMENTS AND OBJECTIVES The consultant or consultant team should have demonstrated experience in completing work on climate action plans/projects in cities or counties which developed mitigation measures/performance standards that considered factors such as topography, infrastructure, climate, transit/active transportation options, and private vs. public land ownership. 1. Staff require a consultant with significant experience in climate action plan development, long term monitoring plans, GHG inventories, index updates and data analysis. 2. Consultant will have demonstrated knowledge of climate equity and the ability to incorporate equity into their analysis. 3. The chosen consultant will be responsive, reliable, excellent at communication and organizations, and demonstrate significant expertise. 4. Flexibility is necessary for ad hoc meetings with departments and City staff that implement the CAP. 5. Occasional need for the Consultant to present to City leadership, City Council, and Mayor’s Office. EXHIBIT I SCOPE OF SERVICES City Council 19 – 23 10/1/2024 CITY OF SANTA ANA SCOPE OF WORK: Climate Action Plan Update The City of Santa Ana is currently updating the city’s Climate Action Plan (CAP) originally adopted in 2015. Support services under this task include: municipal and City-wide greenhouse gas inventories, baseline and forecasted greenhouse gas inventories (including business-as-usual) subject to goal setting years, strategy and action selection and quantification, strategy and action prioritization, and other technical support services identified through the development of the updated CAP. Current updates should help to measure the progress of the CAP, build on past successes and provide any necessary revisions, adding or modifying any targets, goals, or measures to reflect current technologies, policies and government mandates. The anticipated Scope of Work is described below. The consultant proposal narrative should adequately describe consultant’s approach and methodology for achieving the tasks described below. Task 1: Project Management Coordinate and schedule regular client communications including project team management and project invoicing. Assess funding opportunities for CAP update to help inform measure development. Develop clear and actionable governance charter to outline clear roles and responsibilities for different City groups during CAP implementation. Task 2: Stakeholder Engagement Develop and implement a public engagement plan that effectively involves interested and affected stakeholders in identifying needs, priorities, and values related to the CAP update. Stakeholders include City Council, the City’s Environmental Justice Action Committee, the City’s Environmental and Transportation Advisory Commission, and Santa Ana businesses and residents. Include strategies to reach groups and individuals traditionally under-represented in local government decision making. Provide support for implementation of the public engagement plan including, but not limited to, preparation of informational materials and in-person attendance and presentation at all public engagement events and public meetings. Deliverables: Stakeholder Engagement Plan, Community Engagement Plan, as-needed presentations, and informational materials Task 3: CAP Revisions The CAP update should follow guidance from Countywide / Regional Climate Action Planning recommendations, policies, and best practices to update and build upon this effort monitor and reduce GHG inventories. For each focus area, recalibration of clear targets aligned with benefits via the identification of specific targets for 2030 and 2045 with greenhouse gas emissions reductions. The revisions should include an assessment of the feasibility, equitability of implementation and alignment to core benefits, including key actions and supporting actions. The CAP revision should consider the framework and strategies outlined in the City’s General Plan, align with regional and state Climate Action Plan efforts, and incorporate potential federal, state, or other grant and funding opportunities. The revisions shall: • Utilize the latest available GHG inventory data available to the State or County; • Evaluate existing GHG reduction targets • Develop a list of potential revised and new CAP measures regarding GHG reduction • Update a weighted prioritization matrix for CAP measures City Council 19 – 24 10/1/2024 CITY OF SANTA ANA • Rank climate actions by operational feasibility, community priorities collected through engagement activities and opportunities for equitable implementation • Conduct a benefit-cost analysis of all CAP measures • Include social equity considerations including policy objectives, program ideas, and generation of green jobs • Identify opportunities for workforce and community capacity building • Update CAP implementation monitoring procedures, as needed • Prepare appropriate environmental review documentation (if necessary) • Prepare a draft and final CAP document update Deliverables: SWOT Analysis; Draft CAP update document; Final CAP update document; Workforce Development Plan; and interim draft materials, as needed. Task 4: Ongoing Monitoring and Reporting The Consultant shall provide a recommendation on the most straightforward and most effective ongoing monitoring and reporting policies that Staff can use to provide routine updates to various commissions and the City Council including methods to measuring and reporting on the GHG emissions reductions achieved as a result of implementation actions. Deliverables: Plan for Measuring and Verifying Impact of Measures; Reporting matrix or mechanism to generate ongoing monitoring and routine reporting. Task 5: Other Technical Support as Assigned To support other aspects of this project not specifically included in this scope, but potentially necessary for the success of the project, plan to provide additional services, as needed. Additional support could include, but is not limited to, technological and data utilization, conducting follow-up policy development, quantitative analysis, qualitative analysis, legal and regulatory analysis, and other topics as needed based on direction from City staff. Optional work conducted under this task will be billed on a time and materials basis, but must remain within the agreed upon contract amount. Analysis and data from platforms such as the EPA’s Enviromental Justice Screen; CalEnviroScreen 4.0; the CDC Environmental Justice Index Map; California Healthy Places Index; etc. Deliverables: To be determined. City Council 19 – 25 10/1/2024 CITY OF SANTA ANA CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on [enter a Start Date or “the date first written above”] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social EXHIBIT II SAMPLE AGREEMENT City Council 19 – 26 10/1/2024 CITY OF SANTA ANA 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 (To be Reviewed by City of Santa Ana Risk Management Division per Final Scope) 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, his agents, representatives, employees or subcontractors. MINIMUM SCOPE 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 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 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the 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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). City Council 19 – 27 10/1/2024 CITY OF SANTA ANA Primary Coverage For any claims related to this contract, the Contractor’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, 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. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 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. 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide 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 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. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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, City Council 19 – 28 10/1/2024 CITY OF SANTA ANA 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 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 City Council 19 – 29 10/1/2024 CITY OF SANTA ANA 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 AM ENDMENT 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 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. 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 City Council 19 – 30 10/1/2024 CITY OF SANTA ANA 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-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: City Council 19 – 31 10/1/2024 CITY OF SANTA ANA contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall City Clerk Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: Assistant City Attorney Tax ID# RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency SAMPLE ONLY (name) (title) City Council 19 – 32 10/1/2024 CITY OF SANTA ANA For projects with bids greater than $750,000 for prime multi-trade construction contracts (including all subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft or limited to a singular scope of work), the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA). This project is considered a specialty contract. The CWA is a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA is incorporated by reference in the Construction Contract. A copy of the CWA may be on the City’s website at www.santa-ana.org/documents/community-workforce- agreement/. EXHIBIT III COMMUNITY WORKFORCE AGREEMENT (CWA) City Council 19 – 33 10/1/2024 CITY OF SANTA ANA FOR PROPOSERS’ REFERENCE ONLY EXHIBIT IV City Council 19 – 34 10/1/2024 CITY OF SANTA ANA FOR PROPOSERS’ REFERENCE ONLY EXHIBIT V City Council 19 – 35 10/1/2024 CITY OF SANTA ANA Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. __________________________________________________________________________________ LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS __________________________________________________________________________________ BUSINESS ADDRESS __________________________________________________________________________________ PRINTED NAME OF AUTHORIZED AGENT TITLE __________________________________________________________________________________ SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS __________________________________________________________________________________ FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) __________________________________________________________________________________ CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT A PROPOSER’S CERTIFICATION, PROPOSAL PRICING City Council 19 – 36 10/1/2024 CITY OF SANTA ANA Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the 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 nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT B PROPOSER’S STATEMENT City Council 19 – 37 10/1/2024 CITY OF SANTA ANA (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above 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. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ 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 Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT C NON-COLLUSION AFFIDAVIT City Council 19 – 38 10/1/2024 CITY OF SANTA ANA The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT D NON-LOBBYING CERTIFICATION City Council 19 – 39 10/1/2024 CITY OF SANTA ANA The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract ATTACHMENT E NON-DISCRIMINATION CERTIFICATION City Council 19 – 40 10/1/2024 CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 19 – 41 10/1/2024 CITY OF SANTA ANA Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law. If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates. In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document. Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed. Subcontractor Name: Location: Portion of Work/Trade: Bid Amount Contractor’s License Number DIR Registration No. Subcontractor Name: Location: Portion of Work/Trade: Bid Amount: Contractor’s License No: DIR Registration No: Contractor will not be subcontracting any portion of work. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT F SUBCONTRACTOR DESIGNATION FORM City Council 19 – 42 10/1/2024 CITY OF SANTA ANA Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third-party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. _________________________________________________________________ Bidder’s Company Name (please print or type) __________________________________________________________________ Signature of Bidder __________________________________________________________________ Print Name __________________________________________________________________ Title ___________________________________ DOORS ID THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT G CARB FLEET COMPLIANCE CERTIFICATION City Council 19 – 43 10/1/2024 CITY OF SANTA ANA This is to certify that the undersigned Proposer and subconsultants have read and undertand the CWA entered into by and between the City of Santa Ana, Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023. The Undersigned Proposer hereby agrees to comply with all terms and conditions of the CWA, and are capable of completing construction of the project continuously, without interruptions or delays. If awarded any work covered by the CWA, Proposer will also be required to sign a Letter of Assent that appears as Attachment A to the CWA documents. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT H STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS City Council 19 – 44 10/1/2024 City Council 19 – 45 10/1/2024 City Council 19 – 46 10/1/2024 City Council 19 – 47 10/1/2024 City Council 19 – 48 10/1/2024 City Council 19 – 49 10/1/2024 City Council 19 – 50 10/1/2024 City Council 19 – 51 10/1/2024 City Council 19 – 52 10/1/2024 City Council 19 – 53 10/1/2024 City Council 19 – 54 10/1/2024 City Council 19 – 55 10/1/2024 City Council 19 – 56 10/1/2024 City Council 19 – 57 10/1/2024 AGREEMENT WITH CUMMING MANAGEMENT GROUP INC. FOR CLIMATE ACTION PLAN UPDATE SERVICES THIS AGREEMENT is made and entered into on this 1st day of October, 2024 by and Cumming Management Group (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. On April 5, 2024, the City issued Request for Proposal (“RFP”) No. 24-044, by which it sought qualified firms to provide services in updating the City’s Climate Action Plan (CAP). B.Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-044. C.In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Contractor shall perform the services described in the scope of work that was included in RFP No. 24-044, which is attached as Exhibit A. 2.COMPENSATION a.City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B, Contractor’s Cost Proposal submitted with its RFP response. The total amount to be expended during the term of Agreement shall not exceed $495,066, including any extensions. The total amount is allocated as: (1) a base rate of $450,060; and (2) a contingency in the amount of $45,006 for additional and as-needed services, to be exercised at City’s sole discretion. b.Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3.TERM This Agreement shall commence on the date first written above for a three-year term and terminate on September 30, 2027, unless terminated earlier in accordance with Section 16, below. The term of this EXHIBIT 2 City Council 19 – 58 10/1/2024 Agreement may be extended for two, one-year extensions upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 Contractor under this Agreement, not to include Contractor’s work papers (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the Ci ty. 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, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. City Council 19 – 59 10/1/2024 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1) with a limit no less than $1,000,000 combined single limits. 3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. 5. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its City Council, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Contractor’s CGL, Professional Liability, and Automobile Liability policies, 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. 2. Waiver of Subrogation: Insurance company (or companies) agree to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary. 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. 4. Severability of Interest: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. City Council 19 – 60 10/1/2024 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Hailey Gilbert, 20 Civic Center Plaza, M-36, Santa Ana, 92701. The name and location of project must be included in the Description of Operations section of each certificate. 7. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require 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. 8. 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. 9. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 10. 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 work. b. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work. 11. Subcontractors: Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. 12. 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 Contractor agrees to defend, and shall indemnify and hold harmless the City, its City Council, officers, officials, agents, employees, contractors, special counsel, volunteers, and representatives from City Council 19 – 61 10/1/2024 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 material breach of 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 material breach of 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 the material breach of 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. City agrees to reimburse Contractor for the costs of defense that Contractor incurs on the City’s behalf to the extent that a trier of fact ultimately determines that Contractor is not liable for the loss. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 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. 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 City Council 19 – 62 10/1/2024 information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 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 performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION City Council 19 – 63 10/1/2024 This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES 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 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 City Council 19 – 64 10/1/2024 agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. d. The Contractor has not been engaged to perform any services which constitute the practice of architecture or engineering and is not assuming any responsibilities for design. e. Notwithstanding any other provisions of this Agreement, and to the fullest extent permitted by law, neither Party shall be liable to the other for any incidental, special, indirect or other consequential damages incurred due to the fault of the other Party, regardless of the nature of the fault or whether it was committed by the City or Contractor, or their employees, subconsultants, or subcontractors. Consequential damages include, without limitation, liability for loss of profits or loss of production, loss of goodwill, however the same may be caused. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Contractor: Cumming Management Group Inc. Attention: Christine Marez, Senior Vice President City Council 19 – 65 10/1/2024 120 Vantis Drive, Suite 510 Aliso Viejo, CA 92656 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. [Signatures on following page] City Council 19 – 66 10/1/2024 City Council 19 – 67 10/1/2024 CITY OF SANTA ANA INTRODUCTION/BACKGROUND In December of 2015, the City of Santa Ana City Council approved the City’s first Climate Action Plan (CAP), which described how greenhouse gas (GHG) emissions within the City of Santa Ana were to be reduced in accordance with statewide targets through the implementation of certain mitigation measures. The measures established in the CAP were projected to accomplish the goals of a 15% reduction in community-wide emissions by 2020 and nearly reach a 30% reduction by 2035. The CAP measures affecting municipal operations were projected to accomplish goals of 30% reduction by 2020 and a 40% reduction by 2035. The CAP can be found on the Climate Action page of the City’s website: https://docs.google.com/viewerng/viewer?url=https://storage.googleapis.com/proudcity/santaanaca/upl oads/2022/03/Climate-Action-Plan.pdf The CAP outlined greenhouse gas (GHG) reduction measures for the following GHG emission producing sectors: Transportation and Land Use, Energy, Solid Waste, Water, and Wastewater. Since the CAP’s adoption, the City has implemented several measures that likely have resulted in a decrease in the City’s GHG emissions. In the CAP, the City committed to progress reports to track and monitor implementation of the document, which was not completed and will be assessed as part of the deliverables of this scope of work. The City has since updated the Circulation Element of the General Plan, which includes Complete Streets policies to bring the City in compliance with the Complete Streets Act. The City has also adopted a Pedestrian Master Plan, Facilities Master Plan, Parks Master Plan, and updates to its Bicycle Master Plan. All plans outline and prioritize active transportation, multi-modal mobility, and open space and recreation improvements. The construction of the Orange County (OC) Streetcar will also be finalized by 2025, providing a clean electric transit mode for transit-dependent commuters within Santa Ana. The City has established a Hybrid and Alternative Fuel Vehicle Acquisition Policy to be environmentally sensitive in the purchasing the leasing of vehicles for City use, and is implementing a citywide Smart Water Meter Program with automated meter upgrades to help save water and support sustainability efforts. MINIMUM REQUIREMENTS AND OBJECTIVES The consultant or consultant team should have demonstrated experience in completing work on climate action plans/projects in cities or counties which developed mitigation measures/performance standards that considered factors such as topography, infrastructure, climate, transit/active transportation options, and private vs. public land ownership. 1. Staff require a consultant with significant experience in climate action plan development, long term monitoring plans, GHG inventories, index updates and data analysis. 2. Consultant will have demonstrated knowledge of climate equity and the ability to incorporate equity into their analysis. 3. The chosen consultant will be responsive, reliable, excellent at communication and organizations, and demonstrate significant expertise. 4. Flexibility is necessary for ad hoc meetings with departments and City staff that implement the CAP. 5. Occasional need for the Consultant to present to City leadership, City Council, and Mayor’s Office. EXHIBIT I SCOPE OF SERVICES EXHIBIT A City Council 19 – 68 10/1/2024 CITY OF SANTA ANA SCOPE OF WORK: Climate Action Plan Update The City of Santa Ana is currently updating the city’s Climate Action Plan (CAP) originally adopted in 2015. Support services under this task include: municipal and City-wide greenhouse gas inventories, baseline and forecasted greenhouse gas inventories (including business-as-usual) subject to goal setting years, strategy and action selection and quantification, strategy and action prioritization, and other technical support services identified through the development of the updated CAP. Current updates should help to measure the progress of the CAP, build on past successes and provide any necessary revisions, adding or modifying any targets, goals, or measures to reflect current technologies, policies and government mandates. The anticipated Scope of Work is described below. The consultant proposal narrative should adequately describe consultant’s approach and methodology for achieving the tasks described below. Task 1: Project Management Coordinate and schedule regular client communications including project team management and project invoicing. Assess funding opportunities for CAP update to help inform measure development. Develop clear and actionable governance charter to outline clear roles and responsibilities for different City groups during CAP implementation. Task 2: Stakeholder Engagement Develop and implement a public engagement plan that effectively involves interested and affected stakeholders in identifying needs, priorities, and values related to the CAP update. Stakeholders include City Council, the City’s Environmental Justice Action Committee, the City’s Environmental and Transportation Advisory Commission, and Santa Ana businesses and residents. Include strategies to reach groups and individuals traditionally under-represented in local government decision making. Provide support for implementation of the public engagement plan including, but not limited to, preparation of informational materials and in-person attendance and presentation at all public engagement events and public meetings. Deliverables: Stakeholder Engagement Plan, Community Engagement Plan, as-needed presentations, and informational materials Task 3: CAP Revisions The CAP update should follow guidance from Countywide / Regional Climate Action Planning recommendations, policies, and best practices to update and build upon this effort monitor and reduce GHG inventories. For each focus area, recalibration of clear targets aligned with benefits via the identification of specific targets for 2030 and 2045 with greenhouse gas emissions reductions. The revisions should include an assessment of the feasibility, equitability of implementation and alignment to core benefits, including key actions and supporting actions. The CAP revision should consider the framework and strategies outlined in the City’s General Plan, align with regional and state Climate Action Plan efforts, and incorporate potential federal, state, or other grant and funding opportunities. The revisions shall: • Utilize the latest available GHG inventory data available to the State or County; • Evaluate existing GHG reduction targets • Develop a list of potential revised and new CAP measures regarding GHG reduction • Update a weighted prioritization matrix for CAP measures City Council 19 – 69 10/1/2024 CITY OF SANTA ANA • Rank climate actions by operational feasibility, community priorities collected through engagement activities and opportunities for equitable implementation • Conduct a benefit-cost analysis of all CAP measures • Include social equity considerations including policy objectives, program ideas, and generation of green jobs • Identify opportunities for workforce and community capacity building • Update CAP implementation monitoring procedures, as needed • Prepare appropriate environmental review documentation (if necessary) • Prepare a draft and final CAP document update Deliverables: SWOT Analysis; Draft CAP update document; Final CAP update document; Workforce Development Plan; and interim draft materials, as needed. Task 4: Ongoing Monitoring and Reporting The Consultant shall provide a recommendation on the most straightforward and most effective ongoing monitoring and reporting policies that Staff can use to provide routine updates to various commissions and the City Council including methods to measuring and reporting on the GHG emissions reductions achieved as a result of implementation actions. Deliverables: Plan for Measuring and Verifying Impact of Measures; Reporting matrix or mechanism to generate ongoing monitoring and routine reporting. Task 5: Other Technical Support as Assigned To support other aspects of this project not specifically included in this scope, but potentially necessary for the success of the project, plan to provide additional services, as needed. Additional support could include, but is not limited to, technological and data utilization, conducting follow-up policy development, quantitative analysis, qualitative analysis, legal and regulatory analysis, and other topics as needed based on direction from City staff. Optional work conducted under this task will be billed on a time and materials basis, but must remain within the agreed upon contract amount. Analysis and data from platforms such as the EPA’s Enviromental Justice Screen; CalEnviroScreen 4.0; the CDC Environmental Justice Index Map; California Healthy Places Index; etc. Deliverables: To be determined. City Council 19 – 70 10/1/2024 Cost Proposal PERSONNEL & ROLE HOURLY RATE Christine Marez, Principal Agent $235 Emma Sorrell, Project Director $230 Katya Balakhovsky, Project Manager $190 Louis Spanias, Sustainability Program Manager $190 Tim Zhang, GHG Manager $195 Morgan Rose, Stakeholder Engagement & Equity Manager $180 Cassidy Wallerstein, Stakeholder Engagement & Equity Coordinator $170 SUBCONTRACTOR LABOR TO AUGMENT THE TEAM AS NEEDED Jason Pack, VMT & Transportation Lead $345 Paul Herrmann, VMT & Transportation Manager $265 Table 1. Labor Rates All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages. The fee proposal shall be submitted separately and concurrently with the technical proposal, electronically in PlanetBids, and as a hard copy in a separately sealed enveloped, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule, as outlined in the Scope of Work. The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. Cumming Group has assessed the proposed scope set forth in Section Exhibit 1 of the RFP. From that assessment we have broken down our estimated fees by task, shown on the next page in Table 2. Task Budget, and our hourly rates shown in Table 1. Labor Rates, below. A labor build-up was completed for each task based on information provided in the RFP, combined with Cumming Group’s experience with other client projects of a similar scope. The level of effort required for each task was identified and assigned to specific project team members based on their expertise with the task. The total budget and total number of hours required to complete the task were then determined based on individual labor hours and hourly rates, as outlined in Table 1. Labor Rates. All project activities will be invoiced monthly on a Time and Materials basis in a format approved by the City. Monthly invoices will be supported with detailed information on time billed against the project and a narrative report summarizing accomplishments as further described above in Task 2: Project Management. Our Deltek Vantagepoint timekeeping system will be set up with task-level project codes to ensure accurate tracking and reporting of the contract budget. EXHIBIT B City Council 19 – 71 10/1/2024 WORK TASKS & DELIVERABLES ESTIMATED HOURS ESTIMATED COST TASK 1. PROJECT MANAGEMENT 164 $46,380 TASK 2. STAKEHOLDER ENGAGEMENT 285 $48,775 TASK 3. CAP REVISIONS 837 $164,980 TASK 4. ONGOING MONITORING AND REPORTING 330 $58,175 TASK 5. OTHER TECHNICAL SUPPORT AS ASSIGNED 820 $131,750 HOURS ESTIMATED TO COMPLETE PROJECT 2,436 TOTAL ESTIMATED COST TO COMPLETE PROJECT $450,060 Table 2. Task Budget City Council 19 – 72 10/1/2024 The City of Santa Ana Climate Action Plan Update RFP No: 24-044 May 24, 2024 cumming-group.com EXHIBIT 3 City Council 19 – 73 10/1/2024 Cost Proposal City Council 19 – 74 10/1/2024 Cost Proposal PERSONNEL & ROLE HOURLY RATE Christine Marez, Principal Agent $235 Emma Sorrell, Project Director $230 Katya Balakhovsky, Project Manager $190 Louis Spanias, Sustainability Program Manager $190 Tim Zhang, GHG Manager $195 Morgan Rose, Stakeholder Engagement & Equity Manager $180 Cassidy Wallerstein, Stakeholder Engagement & Equity Coordinator $170 SUBCONTRACTOR LABOR TO AUGMENT THE TEAM AS NEEDED Jason Pack, VMT & Transportation Lead $345 Paul Herrmann, VMT & Transportation Manager $265 Table 1. Labor Rates All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages. The fee proposal shall be submitted separately and concurrently with the technical proposal, electronically in PlanetBids, and as a hard copy in a separately sealed enveloped, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule, as outlined in the Scope of Work. The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. Cumming Group has assessed the proposed scope set forth in Section Exhibit 1 of the RFP. From that assessment we have broken down our estimated fees by task, shown on the next page in Table 2. Task Budget, and our hourly rates shown in Table 1. Labor Rates, below. A labor build-up was completed for each task based on information provided in the RFP, combined with Cumming Group’s experience with other client projects of a similar scope. The level of effort required for each task was identified and assigned to specific project team members based on their expertise with the task. The total budget and total number of hours required to complete the task were then determined based on individual labor hours and hourly rates, as outlined in Table 1. Labor Rates. All project activities will be invoiced monthly on a Time and Materials basis in a format approved by the City. Monthly invoices will be supported with detailed information on time billed against the project and a narrative report summarizing accomplishments as further described above in Task 2: Project Management. Our Deltek Vantagepoint timekeeping system will be set up with task-level project codes to ensure accurate tracking and reporting of the contract budget. City Council 19 – 75 10/1/2024 WORK TASKS & DELIVERABLES ESTIMATED HOURS ESTIMATED COST TASK 1. PROJECT MANAGEMENT 164 $46,380 TASK 2. STAKEHOLDER ENGAGEMENT 285 $48,775 TASK 3. CAP REVISIONS 837 $164,980 TASK 4. ONGOING MONITORING AND REPORTING 330 $58,175 TASK 5. OTHER TECHNICAL SUPPORT AS ASSIGNED 820 $131,750 HOURS ESTIMATED TO COMPLETE PROJECT 2,436 TOTAL ESTIMATED COST TO COMPLETE PROJECT $450,060 Table 2. Task Budget City Council 19 – 76 10/1/2024 City Council 19 – 77 10/1/2024 Public Works Agency www.santa-ana.org/public-works Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Security, Access Control, and Intercom System Maintenance Agreement AGENDA TITLE Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance (Non-General and General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with BlueViolet to maintain existing security, access control, and intercom systems for a three-year period beginning October 1, 2024 through September 30, 2027, with one, two-year renewal option, in an amount to exceed $208,195 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency’s Parks, Fleet and Facilities Division is responsible for building maintenance, custodial maintenance, and oversight of security and access systems in City facilities. Throughout the years, security access of City Hall, Ross Annex, and the Corporate Yard has been enhanced to ensure the safety and security of City personnel and property as it aligns with the City’s Policies and Procedures: City Hall Security. The existing card reader system consists of AMAG hardware which interfaces with AMAG Symmetry software. AMAG Symmetry hardware and software are products that integrates with our operational systems. With the upcoming Main Library and Newhope Library renovations, staff plans to augment security measures by programming access control panels, card readers, and duress buttons with AMAG hardware. These security systems and related devices require routine preventative maintenance, monitoring, and repairs to ensure continuous, reliable, and uninterrupted operations of the AMAG system. Costs include yearly AMAG Symmetry software, alarm monitoring, duress monitoring, as-needed maintenance and repair, and one-time fees for the commissioning and programming of the new Main Library and the Newhope Library. The Main Library is estimated to open April 2026 and the Newhope Library is estimated to open January 2026. Santa Ana Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency employing a competitive bid process. Sourcewell, a cooperative government purchasing agency awarded a contract to A3 Communications (Contract City Council 20 – 1 10/1/2024 Security, Access Control, and Intercom Maintenance Agreement October 1, 2024 Page 2 4 5 6 9 No. 121923-A3C) as a result of open, competitive bidding on behalf of its members, including government agencies. A3 Communications owns BlueViolet Networks which is the Southern California company that would service the City of Santa Ana. BlueViolet Networks is a full-service provider who supports clients with a staff of consultants, project managers, trainers, and highly skilled, expert engineers. With over 40 years of experience, they are certified to support the existing City of Santa Ana AMAG Symmetry access control system Staff recommends awarding a maintenance agreement to BlueViolet Networks to maintain existing security, access control, and intercom systems for a three-year period beginning October 1, 2024 through September 30, 2027, with one, two-year renewal option, in an amount not to exceed $208,195. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the FY 2024-25 budget for this expenditure. Funding in Library – Service Enhancement, Building & Building Improvements (01111017-66200) is available from FY 2023-24, and will be presented to the City Council for approval of carry forward to FY 2024-25 as part of the citywide carry forward process. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for carry forward to FY 2025-26. Funds will be budgeted in future fiscal years for City Council consideration. Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Amount 07317100- 62320 Building Maintenance Building Maintenance, Maintenance & Repair Buildings & Ground $29,631 24-2025 01111017- 66200 (22-1380) General Fund Library – Service Enhancement, Buildings & Building Improvements $35,224 07317100- 62320 Building Maintenance Building Maintenance, Maintenance & Repair Buildings & Ground $18,819 25-2026 01111017- 66200 (22-1380) General Fund Library – Service Enhancement, Buildings & Building Improvements $6,806 City Council 20 – 2 10/1/2024 Security, Access Control, and Intercom Maintenance Agreement October 1, 2024 Page 3 4 5 6 9 Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Amount 07317100- 62320 Building Maintenance Building Maintenance, Maintenance & Repair Buildings & Ground $18,819 26-2027 01111017- 66200 (22-1380) General Fund Library – Service Enhancement, Buildings & Building Improvements $18,150 07317100- 62320 Building Maintenance Building Maintenance, Maintenance & Repair Buildings & Ground $2,26927-2028 (July- September)01111017- 66200 (22-1380) General Fund Library – Service Enhancement, Buildings & Building Improvements $4,538 Optional Extension 07317100- 62320 Building Maintenance Building Maintenance, Maintenance & Repair Buildings & Ground $16,55027-2028 (October- June) 01111017- 66200 (22-1380) General Fund Library – Service Enhancement, Buildings & Building Improvements $13,613 07317100- 62320 Building Maintenance Building Maintenance, Maintenance & Repair Buildings & Ground $18,819 28-2029 01111017- 66200 (22-1380) General Fund Library – Service Enhancement, Buildings & Building Improvements $18,150 07317100- 62320 Building Maintenance Building Maintenance, Maintenance & Repair Buildings & Ground $2,269 29-2030 01111017- 66200 (22-1380) General Fund Library – Service Enhancement, Buildings & Building Improvements $4,538 Total:$208,195 City Council 20 – 3 10/1/2024 Security, Access Control, and Intercom Maintenance Agreement October 1, 2024 Page 4 4 5 6 9 EXHIBIT(S) 1. Agreement with BlueViolet Networks Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 20 – 4 10/1/2024 -1 - Master Service Agreement Serviced by Blueviolet/Lanmor Services. EXHIBIT 1 City Council 20 – 5 10/1/2024 - 2 - Table of Contents Introduction………………………………………………………………………………… 3 Service Overview…………………………………………………………………………..3 Business Hours and Response times...……………………………………………………..3 Pricing…………………………………………………………………………………….....4 Payment Terms……………………………………………………………………………..4 Service Request Process……………………………………………………………………4 Escalation Procedures………………………………………………………………………5 Blueviolet/Lanmor Contacts………………………………………………………………5 City of Santa Ana Contacts…………………………………………………..………….5 Replacement Parts.………………………………………………………..…………6 Training……………………………………………………………………………………...6 Approval Signatures………………………….……………………………………..………6 City Council 20 – 6 10/1/2024 - 3 - Introduction 1. This Master Service Agreement (MSA) is between the City of Santa Ana and Blue Violet/Blueviolet/Lanmor Services (Blueviolet/Lanmor) 2. Blueviolet/Lanmor will provide City of Santa Ana installation and/or equipment maintenance as identified in this MSA. 3. Blueviolet/Lanmor will use this MSA as a guide to insure standards are followed during the installation and maintenance of City of Santa Ana systems and equipment. 4. Blueviolet/Lanmor can provide burglary/fire monitoring for all sites that have been visited to ensure proper installation and all zones verified City Council 20 – 7 10/1/2024 - 4 - Service Overview 1. In California Blueviolet/Lanmor will use Blueviolet/Lanmor Technicians, partner companies and subcontractors to provide the services as requested by City of Santa Ana: a) Maintenance service on existing burglary, access control and intercom systems. b) Installation of new burglary, access control systems, intercom components and/or peripheral equipment c) Burglary as agreed as defined in this agreement. d) Project work in accordance with: 1. Statement of Work (SOW) agreed upon by both parties. 2. Service quote provided by Blueviolet/Lanmor and accepted by City of Santa Ana. 3. Change Order requests for material changes to an original quote or SOW and will be agreed upon by both parties. 4. Documentation for the completed project as required and appropriate. 2. Blueviolet/Lanmor warrants and represents that: 1. the person executing this MSA on its behalf is an agent and/or an employee of Blueviolet/Lanmor and is authorized to execute this MSA and act on behalf of Blueviolet/Lanmor with respect to this MSA. 2. its employees, representatives, and others entering on City of Santa Ana’ premises in the performance of services under this MSA or in connection therewith, shall at all times comply with any and all applicable federal, state, county, and local laws, ordinances, statutes, executive orders, rules, and regulations, including but expressly not limited to those relating to labor relations, fair employment practices, pay rates, working conditions, safety and health, immigration status and rights to obtain employment legally in the United States. 3. its equipment and services provided under this MSA shall be of good quality, and such equipment shall be free of material defects, merchantable, and fit for the particular purpose for which City of Santa Ana is purchasing it. 4. Its equipment and services provided under this MSA shall conform with the description and specifications set forth in this MSA and any SOW. _________________________________________________ City Council 20 – 8 10/1/2024 - 5 - Business Hours/Response Times 1. Blueviolet/Lanmors’ Regular Service hours are 7:00 a.m. to 4:00 p.m. Monday – Friday, excluding holidays. Regular service requests will be responded to on the next business day if the request is received by 2:00 pm. (Holidays observed by Blueviolet/Lanmor are: New Year’s Day, President’s Day, Martin Luther King Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Day After Thanksgiving and Christmas Day.) 2. At the specific request of City of Santa Ana, Blueviolet/Lanmor will provide After Hours service for work required to be done outside the regular service hours and will be billed at the After Hours rate. 3. Blueviolet/Lanmor will provide Emergency Service at the specific request of City of Santa Ana only. Emergency Service may be billed at the After Hours rate if the work is done in the After Hours time frame. 4. Upon mutual agreement of installation projects, specific dates and times will be scheduled per that agreement. All service calls will be assessed a $65.00 trip fee per call. If Blueviolet/Lanmor has multiple calls for a City of Santa Ana site, then only one trip charge will apply. Pricing 1. Service work and installation costs will be set as follows unless otherwise agreed upon in a SOW or Quote: a. Regular Service Rate For all work performed during Regular Service Hours, Blueviolet/Lanmor will charge an hourly rate of $210.00/hour including travel time to the job site rounded to the nearest quarter hour for travel time above 15 minutes. All service calls will be assessed at a $65.00 trip fee per call. If Blueviolet/Lanmor has multiple calls for other customers in the same locale the trip charge will be waived. Blueviolet/Lanmor will invoice according to the most recently provided sub-contractor pricing for areas in which Blueviolet/Lanmors’ partners are needed to complete work. b. After hours and Emergency Service Rate Blueviolet/Lanmor will bill at 1.5 times the “Regular Service” rate including travel time to the job site rounded to the nearest quarter hour for travel time above 15 minutes. Blueviolet/Lanmor will invoice according to the most recently provided sub-contractor pricing for areas in which Blueviolet/Lanmors’ partners are needed to complete work 2. Monitoring of Alarms Blueviolet/Lanmor now has the Monitoring contract for Burglary systems, which is outlined in a separate Monitoring agreement. City Council 20 – 9 10/1/2024 - 6 - Payment Terms 1. Terms Invoices will be e-mailed to Nadia Orozco norozco5@santa-ana.org and Phil Neff pneff@santa-ana.org, and cc: City Accounting email:_____________________ completion of work. Each invoice will include a copy of the service ticket and details of labor hours, materials used, shipping fees and travel time on the invoice(s). The terms will be Net 30 days. After 30 days late fees may be assessed and any undisputed charges will accrue interest at the rate of one percent (5%) per month. If any invoice becomes 60 days past due, Blueviolet/Lanmor reserves the right to suspend service until the account is brought current. Blueviolet/Lanmor is responsible for timely invoicing for work completed or materials delivered. Any invoices that are received by City of Santa Ana past 90 days of services will need to be reviewed by City of Santa Ana before payment may be made. Service Request Process 1. City of Santa Ana receives service request calls from their end user. 2. If a call to Blueviolet/Lanmor is placed by a City of Santa Ana Employee that is not listed on the City of Santa Ana Contact list, they will be instructed by Blueviolet/Lanmor to Contact the City of Santa Ana Facilities department for service. 3. City of Santa Ana will trouble shoot the issue and transmit a ticket if necessary, to Blueviolet/Lanmor via e-mail, voicemail or by submitting an online service ticket at www.Blueviolet/Lanmor.com or Blueviolet/Lanmors’ Dispatch Center at service@Blueviolet/Lanmor.com 4. Service requests will include a Site Location Name, Address and Site Phone Number. The service request will include a priority level of service, Emergency Service or Regular Service. Blueviolet/Lanmors’ Dispatch Center will create a ticket including a ticket number and will email City of Santa Ana with this information and an ETA of service and will then dispatch a service technician. 5. When a ticket is completed, Blueviolet/Lanmors’ Dispatch Center will generate a closeout e-mail notifying City of Santa Ana the status of the service ticket. 6. Blueviolet/Lanmor will include a detailed statement of work performed on the invoice and a copy of the signed Service slip along with the invoice. 7. All Quotes requested by City of Santa Ana are considered time sensitive and will be responded to in a timely manner by Blueviolet/Lanmor. 8. Installation scheduling of new installations will be coordinated by City of Santa Ana and Blueviolet/Lanmor, which will include the dates and times for the installation. Escalation Procedures 1. Blueviolet/Lanmor is responsible for the escalation of daily service Procedures and calls. Note: Periodically Blueviolet/Lanmor may accept large projects or experience wide-spread client system outages that require many of their resources to be fully utilized. Blueviolet/Lanmor will notify City of Santa Ana within 24 hours of such a potential disruption to regular service that response times may vary. In any case, Blueviolet/Lanmor will make reasonable best efforts to continue to meet regular response times. 2. Ongoing quality of work performed and Personnel issues will be escalated to Blueviolet/Lanmors’ Sales Manager or Managers. City Council 20 – 10 10/1/2024 - 7 - Blueviolet/Lanmor Contacts Blueviolet/Lanmor After Hours Dispatch Center (automated call-center) After Hours (888) 445-9922 Courtland Russell – Service Coordinator Office: 623-869-6864 x 1101 Cellular: 623-810-6871 Kip Cunningham – President Office: 623-869-6864 x 1102 Cellular: 623-606-3519 Jordan Cunningham – Operations Manager Office: 623-869-6864 x 2117 Cellular: 602-376-9328 Richard Carson – Account Manager Office: 602-342-8822 Cellular: 480-915-3445 City of Santa Ana Contacts Phil Neff – IT Department Administrator Main Line: 714-719-2526 Email: PNeff@santa-ana.org Nadia Orozco – Management Aide Main Line: 714-647-3534 Cellular: Email: norozco5@santa-ana.org Account Meetings Q u a t Blueviolet/Lanmor Services will meet quarterly to review the results of all service calls and address any Preventative Maintenance service and review the report of any items that need to be addressed. In addition, Blueviolet/Lanmor Services will review all outstanding service tickets and all closed service during the previous quarter. A follow up quarterly meeting document will be provided to the City of Santa Ana within a week of quarterly review summarizing all items reviewed in the quarterly meeting. City Council 20 – 11 10/1/2024 - 8 - Training 1. End user Training will be performed by Blueviolet/Lanmor Technicians unless otherwise requested by City of Santa Ana. 2. Blueviolet/Lanmor will provide phone support for City of Santa Ana IT and Facilities Management on newly installed Burglary and Access Control systems. City Council 20 – 12 10/1/2024 - 9 - Service Agreement Billable Annual Services AMAG SSA • SSA Contract Dates 1/1/2024* – 9/30/2025 Pricing (excluding any and all applicable taxes)……………………………………….$ 5,654.16 *Current SSA expired, price includes making SSA current and extending into 2025 Alarm Monitoring Annual Price Pricing (excluding any and all applicable taxes)……………………………………….$ 780.00 Duress Button Testing Monitoring Annual Price Pricing (excluding any and all applicable taxes)……………………………………….$ 2,423.90 Duress Buttons and AMAG Check Up Scope of Service • Test the functionality of all duress buttons • Program Alarm system to be in test mode • Physically Test every duress button • Log test in System Surveyor • Review Log File from Alarm Monitoring center and confirm duress notification for each device • Note and issues with physical buttons and key releases • Note any battery warnings • Review AMAG Symmetry Logs for potential issues or error logs that have problems • Back up the AMAG Database • Create a log report with actions performed during the maintenance and document. The customer is responsible for all database backups on any of the systems being maintained as part of this agreement. Database backups are strongly encouraged, and Blueviolet/Lanmor Services will work with the City of Santa Ana’s IT department for best practices with backing up an AMAG system. Backup should be maintained offsite of at all possible. OWNER TO PROVIDE: • The City of Santa Ana’s IT department is to provide VPN remote access to Blueviolet/Lanmor Services. This will allow Blueviolet/Lanmor Services the ability to remotely diagnose issues and be better prepared when arriving onsite. City Council 20 – 13 10/1/2024 - 10 - Service Agreement Billable Non Repeatable Services City Santa Ana Discovery Access Control and Alarm Devices Pricing (excluding any and all applicable taxes)……………………………………….$ 11,982.20 City of Santa Ana Main Library Commissioning and Programming Pricing (excluding any and all applicable taxes)……………………………………….$ 19,734.96 City of Santa Ana New Hope Library Commissioning and Programming Pricing (excluding any and all applicable taxes)……………………………………….$ 12,287.63 City agrees to pay, and BlueViolet agrees to accept as total payment for its services for City, the rates and charges identified herein. The total amount authorized during the term of this Agreement, including any extension periods, shall not exceed $208,195.00. City Council 20 – 14 10/1/2024 -11 - Addendum: ADDITIONAL PROVISIONS TO BE ADDED 1.INDEMNIFICATION. Blueviolet/Lanmor hereby agrees to indemnify and save harmless City of Santa Ana, its City Council, officers, officials, employees, volunteers, and agents from and against all liability claims and demands on account of injury to persons, including death resulting therefrom, losses, damages, expenses (including attorney’s fees), claims, demands, payment recoveries, judgments and damage to property arising out of or caused in any manner by Blueviolet/Lanmors’ performance or the failure to perform any work under this MSA by Blueviolet/Lanmor, Blueviolet/Lanmors’ products or services, and Blueviolet/Lanmors’ employees, representatives, or agents. Blueviolet/Lanmor shall, at its own expense, defend any and all actions at law brought against City of Santa Ana, its City Council, 2.officers, officials, employees, volunteers, and agents based thereon, shall pay all attorney’s fees and all other expenses, and shall promptly discharge any judgments arising therefrom. Blueviolet/Lanmors’ responsibility for damage to property or injury or death of persons includes, without limitation upon the generality thereof, damage, injury or death caused in whole or in part by any machine, tools, or equipment belonging to or furnished by City of Santa Ana and used by Blueviolet/Lanmor or its subcontractors in the performance of this MSA, or caused by actions of any employee, representative, or agent of City of Santa Ana while such person is acting under the direction or control of Blueviolet/Lanmor or its subcontractors and in its behalf carrying out for it any services to be performed under this MSA. 3.EMPLOYMENT PRACTICES a.Blueviolet/Lanmor warrants that its employees, representatives, and others entering on City of Santa Ana’ premises in the performance of services or in connection therewith, shall at all times comply with any and all applicable federal, state, county, and local laws, ordinances, statutes, executive orders, rules, and regulations, including but expressly not limited to those relating to labor relations, fair employment practices, pay rates, working conditions, safety and health, immigration status and rights to obtain employment legally in the United States. b.Blueviolet/Lanmor agrees that all work performed by or at the direction of Blueviolet/Lanmor hereunder shall be performed in compliance with the requirements of the Occupational Safety and Health Act (OSHA) of 1970, as amended. c.Blueviolet/Lanmor is an equal opportunity employer and Blueviolet/Lanmor agrees to hold City of Santa Ana and their directors, officers, representatives and employees free and harmless of and from, and defend and indemnify them against any and all claims or suits which may be brought about in the matter of racial, sexual, and or any other type of discrimination with regards to the employees of the Blueviolet/Lanmor. d.Nothing contained in this MSA or otherwise shall be interpreted to create or establish any joint employee relationship by and between City of Santa Ana and Blueviolet/Lanmor. All services herein provided for shall be done and performed by Blueviolet/Lanmor and under the sole supervision, direction and control of Blueviolet/Lanmor as an independent contractor. City of Santa Ana shall look to Blueviolet/Lanmor for results only and shall have no right at any time to direct or supervise Blueviolet/Lanmor or Blueviolet/Lanmor’s servants or employees in the performance of Services or as to the manner, means and method by which Services are performed. All workers furnished by Blueviolet/Lanmor pursuant to this MSA and all representatives of Blueviolet/Lanmor shall be and remain the agents or employees of Blueviolet/Lanmor or of Blueviolet/Lanmor’s subcontractor at all times and shall not at any time or for any purpose whatsoever be employees or agents of City of Santa Ana. City Council 20 – 15 10/1/2024 -12 - 4.TERM a.The term of this MSA (“Term”) shall commence on October 1, 2024 and continue for a three (3) year period, with the option for the City to extend this Agreement by one (1), two (2) year period upon a writing by the City Manager and City Attorney, unless canceled pursuant to subsection (b) below. b.City of Santa Ana shall have the right to cancel this MSA without cause by providing Blueviolet/ Lanmor thirty (30) days prior written notice. 5.INSURANCE a.Additional Insured. City of Santa Ana, Its City Council, Affiliates, Employees, Agents and/or Assignees shall be named as additional insured on Blueviolet/Lanmors’ policies for liability insurance required hereunder and such liability policies shall be endorsed to make such insurance primary to any liability insurance carried by City of Santa Ana or owner. b.Waiver of Subrogation/Rights of Recovery. Blueviolet/Lanmors and its insurance carrier(s) agree to waive all rights of subrogation/recovery against City, its City Council, officers, officials, employees, and agents for losses paid under the terms of any policy arising from work performed under this Agreement. c.Certificates. Blueviolet/Lanmor shall furnish certificates of insurance evidencing the insurance required hereunder and upon request shall furnish true copies of the actual policies. Each certificate shall provide that thirty (30) days prior written notice shall be given to City of Santa Ana in the event of cancellation or material change in the policies. In order to avoid delays in commencing work, certificates and/or copies of policies shall be sent electronically to norozco5@santa-ana.org. d.Insurance Coverage. Blueviolet/Lanmor must maintain the following minimum insurance over the duration of this MSA: e.Worker's Compensation. Worker's Compensation and employer liability insurance, which shall comply with the statutory requirements of the State of California or any other state where services are performed and shall apply to all persons employed by Blueviolet/Lanmor. f.Commercial General Liability Insurance. Commercial general liability insurance from a carrier with a minimum Best rating of A (IX), including product liability (if applicable), contractual liability and automobile liability with the following limits: i.General bodily injury of not less than $2,000,000 for death or injury to one person and $2,000,000 for death or injury to more than one person, and automobile bodily injury liability of not less than 1,000,000 for death or injury to one person and $2,000,000 for death or injury to more than one person, in any one occurrence. ii.Property damage liability with limits of not less than $2,000,000 for general and contractual liability and not less than $2,000,000 in relation to automobile liability for property damage arising from any one occurrence. 6.GENERAL PROVISIONS a.This MSA shall be deemed to have been executed by all parties and delivered to all parties within the State of California, and the rights and obligations of the parties hereto shall be construed and enforced in accordance with, and governed by, the substantive laws of the State of California, without reference to conflict or choice of laws principles. b.Any litigation arising out of or relating to this MSA shall be commenced and maintained in City Council 20 – 16 10/1/2024 -13 - federal or state courts having subject matter jurisdiction located within the cities of Santa Ana, Orange County, California, and not elsewhere. The parties hereby consent to personal jurisdiction within Orange County, California, for the purpose of such litigation. c.This MSA, and any SOWs executed pursuant to this MSA, constitutes the entire agreement and understanding of the parties. This MSA or any term hereof may be changed, waived, discharged or terminated only by an agreement in writing signed by the party again st whom such change, waiver, discharge or termination is sought to be enforced. d.Notices. Any notices necessary or provided for herein shall be sent to the parties by first class United States registered or certified mail, postage prepaid, return receipt requested or hand - delivered (including without limitation by overnight courier service) at the followin g addresses or at such other address as a party may designate in writing: To City of Santa Ana: City of Santa Ana Facilities Services 20 Civic Center Plaza, Santa Ana, CA 92701 Attn: City Manager To Blueviolet/Lanmor: Services 2058 W. Rose Garden Lane Phoenix, AZ 85027 Attn: Kip Cunningham e.If any one or more provisions contained in this MSA shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this MSA to the greatest exte nt practicable, but this MSA shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. f.No failure or delay by any party in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity. ---end of addenda--- City Council 20 – 17 10/1/2024 -14 - Approval Signatures ATTEST: Jennifer L. Hall Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ____________________________ Jonathan Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nuñez City Manager Kip Cunningham BLUEVIOLET NETWORKS Nabil Saba Digitally signed by Nabil Saba Date: 2024.09.19 08:42:32 -07'00' City Council 20 – 18 10/1/2024 Proposal # P-9585 The human connection between you and your technology. Sep 19, 2024 Richard Carson Aftermarket Account Representative 2058 W Rose Garden Ln Phoenix, AZ 85027 RCarson@Lanmor.com (719)332-9315 Nadia Orozco Management Aide City of Santa Ana Public Works Agency - Parks, Fleet, & Facilities Services 20 Civic Center Plaza M-11 Santa Ana, CA 92701 norozco5@santa-ana.org SCOPE OF WORK SUMMARY: Blueviolet/Lanmor Services is being requested to provide a full review of the existing AMAG Symmetry access control system. This process will detail all of the components currently installed throughout the City residing on the virtual AMAG Symmetry server. Blueviolet/Lanmor Services will provide a detailed scope of work section sections based on the breakdown of the project. The following is the list of scopes being presented in this proposal: -Provide onsite technicians for up to 3 days. -Site walk all buildings with access control -Identify/Confirm all Panel locations -Identify /Confirm all Door locations -Identify/Confirm Wiring locations -Identify/Confirm all Duress Buttons and Wireless Receivers -Document all AMAG Panels with AMAG Programming Sheets (see attached example) -Document Panels, Readers, Power Supplies and wire paths with System Surveyo r -Provide Reports in both hard copy and PDF to client as documentation to the system. PRICING SUMMARY: Pricing (excluding any and all applicable taxes and excluding permits not clearly included or outlined in this proposal)………………………………………………………………..………………..$ 11,982.20 Initial City Council 20 – 19 10/1/2024 Proposal # P-9585 The human connection between you and your technology. Project Details The City of Santa Ana is looking to purchase a service agreement for the ongoing servicing and repair of the AMAG Symmetry Access Control system installed at the City of Santa Ana City Hall complex. This proposal is to provide a detail site survey of the existing AMAG Symmetry system currently in pace with the City of Santa Ana. The site survey will include the following processes. Serviceable Locations Included in this Services Agreement: City of Santa Ana City Hall 20 Civic Center Plaza Santa Ana, CA 92701 City of Santa Ana Ross Annex 20 Civic Center Plaza Santa Ana, CA 92701 City of Santa Ana Parking Structure 20 Civic Center Plaza Santa Ana, CA 92701 City of Santa Ana Council Chamber 20 Civic Center Plaza Santa Ana, CA 92701 City of Santa Ana 801 Building 801 N Flower St Santa Ana, CA 92703 City of Santa Ana City Yard 220 S Daisy Ave Santa Ana, CA 92703 Site Survey Process: AMAG Controllers • Identify/Confirm all AMAG Controllers • Document location in System Surveyor • Document Pictures in System Surveyor • Document panel configuration in with AMAG Programming spreadsheet City Council 20 – 20 10/1/2024 Proposal # P-9585 The human connection between you and your technology. AMAG Card Readers • Identify/Confirm all AMAG Card Readers • Document location in System Surveyor • Document Pictures in System Surveyor • Document Card Reader configuration in with AMAG Programming spreadsheet . Power Supplies • Identify/Confirm all Power Supplies • Document location in System Surveyor • Document Pictures in System Surveyor • Document Battery Installation dates if available on batteries in System Surveyor . Wire Runs • Identify/Confirm all access control wiring at each panel • Identify any wiring already completed, but not terminated and connected to door • Document locations with wiring and no doors in System Surveyor AMAG Duress Buttons and Wireless Receivers • Identify/Confirm all AMAG Duress Buttons and wireless receivers • Document location in System Surveyor • Document Pictures in System Surveyor • Document duress buttons configuration in with AMAG Programming spreadsheet . 2N Intercom and Main Station • Identify/Confirm all 2N Intercoms and Base Stations • Document location in System Surveyor • Document Pictures in System Surveyor The customer is responsible for all database backups on any of the systems being maintained as part of this agreement. Database backups are strongly encouraged, and Blueviolet/Lanmor Services will work with • The City of Santa Ana’s IT department for best practices with backing up an AMAG system. Backup should be maintained offsite of at all possible. OWNER TO PROVIDE: • The City of Santa Ana’s IT department is to provide VPN remote access to Blueviolet/Lanmor Services. This will allow Blueviolet/Lanmor Services the ability to remotely diagnose issues and be better prepared when arriving onsite. City Council 20 – 21 10/1/2024 Proposal # P-9585 The human connection between you and your technology. RELEVANT EXPERIENCE Blueviolet/Lanmor Services performs small security system installations such as a single card reader installation all the way to corporate security deployments that involve installations in multiple states across the nation. Lanmor has installed many access controls, CCTV, and alarm systems at/for various local healthcare organizations and have become their preferred security vendor. On a larger scale; we are currently working in conjunction with Sandia Laboratories and the Global Threat Reduction Initiative team to upgrade the security systems at locations across the nation, which contain high levels of radioactive material. We are also working with APS, a regional utility, to upgrade their security systems at multiple power plants and substation locations to new federal regulations. With our vast experience and knowledge, I am completely confident that we can meet and exceed your expectations! CLARIFICATION(S) 1) Client to provide: 110vac power as well as (1) high speed internet line at the new control panel location. 2) Standard manufacturer’s lead times are listed below. Lead times are subject to change due to broken machinery, seasonal ebbs & flows, weather and other unforeseen circumstances outside of Lanmor’s control. These lead times are based on the return of all approved submittals and all answered questions. Lead times below are accurate at the time of this proposal and may vary by the time the project is awarded and submittals approved. Lanmor will not be responsible for missed schedule dates for reasons outside of our control. 2.1. Hollow Metal Frames 3-5 weeks. Hollow Metal Doors 4-6 weeks. Wood Doors 10-12 weeks. Hardware 4-6 weeks. 3) Breaking apart ANY QUOTE will create a delay in material AND a cost add to project. 4) Upon approval of submittals, Blueviolet/Lanmor Services assumes no liability for changes, mistakes, or additions which were not noted/redlined on the submittals. By approving the submittals, the approver acknowledges that all is correct on the submittals unless otherwise noted/redlined. (if applicable). All other changes must be agreed to in writing and executed by both parties. 5) Custom ordered materials (those that cannot be returned) must be paid for prior to Blueviolet/Lanmor Services processing the order. The frames (and/or the doors) are (or are not) custom and require prepayment. 6) Unless otherwise noted on this proposal; the warranty period is one year for materials and ninety days for labor from Blueviolet/Lanmor Services’ substantial completion of the project. Notice of a warranty claim must be received by Blueviolet/Lanmor Services within the warranty period. The exclusive remedy under the warranty is Blueviolet/Lanmor Services’ obligation to repair or replace any defective work, or at its election, compensate the Owner or Contractor for the diminished value caused by Blueviolet/Lanmor Services’ work. City Council 20 – 22 10/1/2024 Proposal # P-9585 The human connection between you and your technology. PROJECT MANAGEMENT Upon being awarded this project, Lanmor will immediately assign a project manager to oversee this project from beginning to end. It will be requested by Lanmor to have a “project kick-off” meeting in which all Contractor/Owner and Lanmor staff involved will meet to introduce each other and to go over scheduling, requirements, and other details of this project (can be completed via phone conference). The Lanmor project manager will supply the Contractor/Owner representative all the necessary documentation as described in the deliverables and will be the first point of contact for anything concerning this project. EXCLUSIONS (unless specifically included above) • Cutting, patching, and painting of existing walls. • Grouting, caulking, Glazing or provisioning of any glass for Storefront entrances. • Disconnect, reconnect, or relocation of plumbing, electrical, HVAC or other services. • Painting and finishing of unfinished doors and frames. • Framing, rough carpentry, and drywall required. • Master keying of cylinders to existing key systems. • Installation of customer furnished materials. • Required building permits and authority having jurisdiction approval. • Work scheduled after hours or weekends. • Expedited shipping charges / Acceleration of installation schedule. • Delay not directly caused by Blueviolet/Lanmor Services. • Changes in scope, terms and conditions or schedule not covered in pricing. • No back charges against Blueviolet/Lanmor Services without providing 72 hour written notice and an opportunity to cure. • Work area containment. • 110v electrical. • Extra costs of return trips are required due to inadequate preparation of the opening(s) prior to installation. All openings must be ready for install. • Permits of any kind. • Any Lifts needed due to ceiling heights. • Conduit and Raceways for necessary for connectivity. REFERENCES 1. APS – Robert Griffith, Manager of Security Infrastructure, (602) 809-2306 2. Maricopa Integrated Health System – Michael Gallante, Chief of Security, (602) 509-5014 3. Transperfect – Wallace Michaelson, Director Infrastructure & Technology, (602) 281-0742 4. Sandia National Laboratories – Melanie Florez, Project Manager, (505) 845-0011 City Council 20 – 23 10/1/2024 Proposal # P-9585 The human connection between you and your technology. WARRANTY Blueviolet/Lanmor Services warranties all product and software for a period of one year from partial and or complete system activation. Labor for a period of 90 days from partial and or complete system activation. Notice of a warranty claim must be received by Blueviolet/Lanmor Services within the warranty period. The exclusive remedy under the warranty is Blueviolet/Lanmor Services’ obligation to repair or replace any defective work, or at its election, compensate the Owner or Contractor for the diminished value caused by Blueviolet/Lanmor Services’ work. TERMS & CONDITIONS If accepted, all prior or contemporaneous negotiations or agreements are merged into this Proposal. No future agreements supersede or modifies this Proposal unless such future agreement expressly modifies one or more particular term of this Proposal and such modification is in writing and executed by both parties. This quotation is good for 30 days from the date listed at the top of this proposal. Conditional upon buyers’ credit, 50% of the contract amount will be due with the acceptance of this agreement and prior to any material being purchased and the issuance of the customers purchase order. The remaining will be due 30 days from the date of our invoice(s). Accepted by: Title: Date: ____________________________________ _________________________________ __________________ City Council 20 – 24 10/1/2024 Proposal # P-9586 The human connection between you and your technology. Sep 18, 2024 Richard Carson Aftermarket Account Representative 2058 W Rose Garden Ln Phoenix, AZ 85027 RCarson@Lanmor.com (719)332-9315 Nadia Orozco Management Aide City of Santa Ana Public Works Agency - Parks, Fleet, & Facilities Services 20 Civic Center Plaza M-11 Santa Ana, CA 92701 norozco5@santa-ana.org SCOPE OF WORK SUMMARY: Blueviolet/Blueviolet/Lanmor Services is being requested to program the new Library AMAG Symmetry access control panels, card readers and duress buttons. This is for the new Main Library remodel project. The panels, card readers, duress buttons and wiring will all be completed by a third-party contractor and electrical sub. The work is to be performed at the following location: • 26 Civic Center Plaza, Santa Ana, CA 92701 Blueviolet/Blueviolet/Lanmor Services will provide a detailed scope of work section sections based on the breakdown of the project. The following is the list of scopes being presented in this proposal: - Connect AMAG Panels to the City Network - Program Panels on City network and follow City Naming Schemes with panel ID’s - Program Card Readers and follow City Schemes with Card Reader id’s - Program Duress Buttons and follow City Schemes with Card Reader id’s - Provide onsite technicians for up to 4 days. - Document all AMAG Panels with AMAG Programming Sheets (see attached example) - Document Panels, Readers, Power Supplies and wire paths with System Surveyo r - Provide Reports in both hard copy and PDF to client as documentation to the system. PRICING SUMMARY: Pricing (excluding any and all applicable taxes and excluding permits not clearly included or outlined in this proposal)………………………………………………………………..………………..$ 19,734.96 Initial City Council 20 – 25 10/1/2024 Proposal # P-9586 The human connection between you and your technology. Project Details Job Details AMAG Software Blueviolet/Blueviolet/Lanmor Services will utilizing the existing instance of the AMAG Symmetry software on the client supplied and configured virtual server. Blueviolet/Lanmor Services will require remote access to this system during the installation phase of the project. Blueviolet/Lanmor Services would request ongoing remote access to best handle support issues after the initial project installation. This can be managed by the City’s IT department. Blueviolet/Lanmor Services will install One AMAG client on a City provided computer at the Library facility. The AMAG software client will be supplied by others. Site Locations The following locations are being converted to the new AMAG access control system: - City of Santa Ana Library See the attached project door schedule for details on each reader location . It is the responsibility of the contract and electrical sub contractor to provide details of the AMAG door controllers, card reader, duress buttons and door release devices. If this is not provided, Lanmor Service will provide a change order for additional time to identify these areas and confirm locations based on construction drawings and be billed as time and materials. Door Controllers Blueviolet/Lanmor Services will be programming the new AMAG Door controllers. Lanmor service will follow the naming schemes currently in place with the City of Santa Ana at the City Hall locations. Elevator Controllers Blueviolet/Lanmor Services will be programming elevator controllers for the elevator bank. Blueviolet/Lanmor Services will handle the controller programming and setup, which will be confirmed by a walk with the elevator company, Risk Management and Building Facilities and IT department. Elevator controller Exclusions/Elevator Company, Contractor and Electrical Sub Contractor responsibilities: - Elevator company to supply wire and wire run /conduit to the elevator controller. This connection will require a pair of wires per floor being controlled by the elevator controller. - Elevator company to provide the wires from the elevator cab via the traveler path to the cab. Blueviolet/Lanmor Services will need the following to each of the elevator cabs: o 2 Pair Non-Shielded o 1 Pair Shielded - Elevator company to provide location for the mounting of the card reader in each cab. - Elevator company to provide technician support during the initial installation process and the commissioning process of the system. - If elevator personnel are not available for the required onsite time, Blueviolet/Lanmor Services will provide a change order to handle additional labor and travel time. - All wiring and connections are to be in place prior to the configuration and programming of the AMAG elevator control panel. If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing. City Council 20 – 26 10/1/2024 Proposal # P-9586 The human connection between you and your technology. Power Supplies Blueviolet/Lanmor Services will be utilizing new power supplies at each of the controller locations. Which will include new batteries for battery backup. All connections to the power supplies will already be completed and tested prior to the start of programming the AMAG controllers. If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing. Readers Blueviolet/Lanmor Services will be programming new readers in the City’s AMAG Symmetry system. Lanmor service will follow the naming schemes currently in place with the City of Santa Ana at the City Hall locations. All connections to the card readers will already be completed and tested prior to the start of programming the AMAG controllers. If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing. . Cabling Blueviolet/Lanmor Services will be utilizing cabling provided and installed by others. The contractor is responsible for providing wire details and wire run locations to Lanmor prior to the beginning of programming. All wires will need to properly be labelled at each controller. If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing. Training Blueviolet/Lanmor Services will not be providing any training with this project. Blueviolet/Lanmor Services will provide all programming sheets with door names for the City to handle the AMAG Symmetry programming door schedules and assigning groups. The City will be responsible for adding the library employees into the system as well. Networking Requirements Blueviolet/Lanmor Services will require the City of Santa Ana IT’s department to provide data connections for each of the new door controller locations. These have been labeled on the attached maps. Blueviolet/Lanmor Services will utilize the existing cable runs to the security switches. The IT department is responsible for providing the IP address mapping for each door controller. It is Lanmor Service’s responsibility to provide the IT department with the MAC addresses for each new controller prior to the beginning of the installation. Blueviolet/Lanmor Services will configure the door controllers, which will allow the IT department to map the correct IP address to each device. The City’s IT department will have the final approval on all IDF room connections. It is the responsibility of the customer to confirm IDF connections via the attached drawings. Any changes to the IDF locations after the acceptance of the project may require a change order for addition labor to increase the wire runs. Blueviolet/Lanmor Services has been provided with the contact information for Mike Fetner (mfetner@santa-ana.org) and Greg Dunham (gdunham@santa-ana.org) as points of contacts with all IT related questions. City Council 20 – 27 10/1/2024 Proposal # P-9586 The human connection between you and your technology. Door Programming Process Prior to programming the new doors to new system, Blueviolet/Lanmor Services will test and ensure that the new doors are operational and perform the basic access control operations. If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing. Duress Buttons Programming Blueviolet/Lanmor Services will be programming the new duress buttons to operate and notify local authorities. Prior to programming the duress buttons to the new system, Blueviolet/Lanmor Services will test and ensure that the existing alarm panel is able to provide signals to the monitoring center and all wiring from the AMAG A/O boards have been connected and the associated alarm panel replays. The contractor is responsible for providing these details to Blueviolet/Lanmor Services prior to the start of programming. Blueviolet/Lanmor Services will need to be added to the alarm programming contact list which will allow Blueviolet/Lanmor Services the ability to program commission this process. If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing. City Council 20 – 28 10/1/2024 Proposal # P-9586 The human connection between you and your technology. Project Commissioning New Door Operation Commissioning process: • Confirm new reader is programmed in access control system • Confirm new Status contact functionality o Closed Status o Open Status o Forced Open Status • Request for Exit o Confirm Request for exit functionality ▪ Exit door and check AMAG log for valid functionality • Card Reader o Confirm card read of a valid credential o Confirm negative card read of invalid credentials • Locking Hardware o Confirm mechanical operation of new locks o Confirm electrical operation of lock with valid card read o Confirm manual override with key operation • Power Connection o Confirm hinge or armored cable is properly installed and functioning • Customers sign off New Duress Button Commissioning process: • Confirm new duress button is programmed in access control system • Confirm duress buttons signals AMAG system • Confirm Duress buttons signal local authorities • Confirm Key reset works New Door Controller Commissioning process: • Confirm new controller is programmed in access control system • Label all wires and Card reader ports • Label New Controller with proper AMAG Chain naming scheme • Document with pictures of Controller Installation location • Batteries o Label Batteries with installation date o Load test batteries and label with install date • Label Enclosure with proper naming scheme and enclosure contents • Document with pictures of Controller Installation location • Customers sign off City Council 20 – 29 10/1/2024 Proposal # P-9586 The human connection between you and your technology. Fire Connection This proposal does not include any fire alarm tie ins to the existing fire alarm system .Project Management Included Information distribution assistance, notification support, project scheduling, training coordination, onsite live support and follow up cut over to Blueviolet/Blueviolet/Lanmor Services service department. OWNER TO PROVIDE: • The City of Santa Ana’s IT department is to provide VPN remote access to Blueviolet/Blueviolet/Lanmor Services. This will allow Blueviolet/Blueviolet/Lanmor Services the ability to remotely diagnose issues and be better prepared when arriving onsite. City Council 20 – 30 10/1/2024 Proposal # P-9586 The human connection between you and your technology. RELEVANT EXPERIENCE Blueviolet/Blueviolet/Lanmor Services performs small security system installations such as a single card reader installation all the way to corporate security deployments that involve installations in multiple states across the nation. Lanmor has installed many access controls, CCTV, and alarm systems at/for various local healthcare organizations and have become their preferred security vendor. On a larger scale; we are currently working in conjunction with Sandia Laboratories and the Global Threat Reduction Initiative team to upgrade the security systems at locations across the nation, which contain high levels of radioactive material. We are also working with APS, a regional utility, to upgrade their security systems at multiple power plants and substation locations to new federal regulations. With our vast experience and knowledge, I am completely confident that we can meet and exceed your expectations! CLARIFICATION(S) 1) Client to provide: 110vac power as well as (1) high speed internet line at the new control panel location. 2) Standard manufacturer’s lead times are listed below. Lead times are subject to change due to broken machinery, seasonal ebbs & flows, weather and other unforeseen circumstances outside of Lanmor’s control. These lead times are based on the return of all approved submittals and all answered questions. Lead times below are accurate at the time of this proposal and may vary by the time the project is awarded and submittals approved. Lanmor will not be responsible for missed schedule dates for reasons outside of our control. 2.1. Hollow Metal Frames 3-5 weeks. Hollow Metal Doors 4-6 weeks. Wood Doors 10-12 weeks. Hardware 4-6 weeks. 3) Breaking apart ANY QUOTE will create a delay in material AND a cost add to project. 4) Upon approval of submittals, Blueviolet/Blueviolet/Lanmor Services assumes no liability for changes, mistakes, or additions which were not noted/redlined on the submittals. By approving the submittals, the approver acknowledges that all is correct on the submittals unless otherwise noted/redlined. (if applicable). All other changes must be agreed to in writing and executed by both parties. 5) Custom ordered materials (those that cannot be returned) must be paid for prior to Blueviolet/Blueviolet/Lanmor Services processing the order. The frames (and/or the doors) are (or are not) custom and require prepayment. 6) Unless otherwise noted on this proposal; the warranty period is one year for materials and ninety days for labor from Blueviolet/Blueviolet/Lanmor Services’ substantial completion of the project. Notice of a warranty claim must be received by Blueviolet/Blueviolet/Lanmor Services within the warranty period. The exclusive remedy under the warranty is Blueviolet/Blueviolet/Lanmor Services’ obligation to repair or replace any defective work, or at its election, compensate the Owner or Contractor for the diminished value caused by Blueviolet/Blueviolet/Lanmor Services’ work. City Council 20 – 31 10/1/2024 Proposal # P-9586 The human connection between you and your technology. PROJECT MANAGEMENT Upon being awarded this project, Lanmor will immediately assign a project manager to oversee this project from beginning to end. It will be requested by Lanmor to have a “project kick-off” meeting in which all Contractor/Owner and Lanmor staff involved will meet to introduce each other and to go over scheduling, requirements, and other details of this project (can be completed via phone conference). The Lanmor project manager will supply the Contractor/Owner representative all the necessary documentation as described in the deliverables and will be the first point of contact for anything concerning this project. EXCLUSIONS (unless specifically included above) • Cutting, patching, and painting of existing walls. • Grouting, caulking, Glazing or provisioning of any glass for Storefront entrances. • Disconnect, reconnect, or relocation of plumbing, electrical, HVAC or other services. • Painting and finishing of unfinished doors and frames. • Framing, rough carpentry, and drywall required. • Master keying of cylinders to existing key systems. • Installation of customer furnished materials. • Required building permits and authority having jurisdiction approval. • Work scheduled after hours or weekends. • Expedited shipping charges / Acceleration of installation schedule. • Delay not directly caused by Blueviolet/Blueviolet/Lanmor Services. • Changes in scope, terms and conditions or schedule not covered in pricing. • No back charges against Blueviolet/Blueviolet/Lanmor Services without providing 72 hour written notice and an opportunity to cure. • Work area containment. • 110v electrical. • Extra costs of return trips are required due to inadequate preparation of the opening(s) prior to installation. All openings must be ready for install. • Permits of any kind. • Any Lifts needed due to ceiling heights. • Conduit and Raceways for necessary for connectivity. REFERENCES 1. APS – Robert Griffith, Manager of Security Infrastructure, (602) 809-2306 2. Maricopa Integrated Health System – Michael Gallante, Chief of Security, (602) 509-5014 3. Transperfect – Wallace Michaelson, Director Infrastructure & Technology, (602) 281-0742 4. Sandia National Laboratories – Melanie Florez, Project Manager, (505) 845-0011 WARRANTY Blueviolet/Blueviolet/Lanmor Services warranties all product and software for a period of one year from partial and or complete system activation. Labor for a period of 90 days from partial and or complete system activation. Notice of a warranty claim must be received by Blueviolet/Blueviolet/Lanmor Services within the warranty period. The exclusive remedy under the warranty is Blueviolet/Blueviolet/Lanmor Services’ obligation to repair or replace any defective work, City Council 20 – 32 10/1/2024 Proposal # P-9586 The human connection between you and your technology. or at its election, compensate the Owner or Contractor for the diminished value caused by Blueviolet/Blueviolet/Lanmor Services’ work. TERMS & CONDITIONS If accepted, all prior or contemporaneous negotiations or agreements are merged into this Proposal. No future agreements supersede or modifies this Proposal unless such future agreement expressly modifies one or more particular term of this Proposal and such modification is in writing and executed by both parties. This quotation is good for 30 days from the date listed at the top of this proposal. Conditional upon buyers’ credit, 50% of the contract amount will be due with the acceptance of this agreement and prior to any material being purchased and the issuance of the customers purchase order. The remaining will be due 30 days from the date of our invoice(s). Accepted by: Title: Date: ____________________________________ _________________________________ __________________ City Council 20 – 33 10/1/2024 Proposal # P-9587 The human connection between you and your technology. Sep 18, 2024 Richard Carson Aftermarket Account Representative 2058 W Rose Garden Ln Phoenix, AZ 85027 RCarson@Lanmor.com (719)332-9315 Nadia Orozco Management Aide City of Santa Ana Public Works Agency - Parks, Fleet, & Facilities Services 20 Civic Center Plaza M-11 Santa Ana, CA 92701 norozco5@santa-ana.org SCOPE OF WORK SUMMARY: Blueviolet/Lanmor Services is being requested to program the Newhope Library AMAG Symmetry access control panels, card readers and duress buttons. This is for the Newhope Library remodel project. The panels, card readers, duress buttons and wiring will all be completed by a third-party contractor and electrical sub. The work is to be performed at the following location: • 122 N Newhope St, Santa Ana, CA 92703 Blueviolet/Lanmor Services will provide a detailed scope of work section sections based on the breakdown of the project. The following is the list of scopes being presented in this proposal: - Connect AMAG Panels to the City Network - Program Panels on City network and follow City Naming Schemes with panel ID’s - Program Card Readers and follow City Schemes with Card Reader id’s - Program Duress Buttons and follow City Schemes with Card Reader id’s - Provide onsite technicians for up to 4 days. - Document all AMAG Panels with AMAG Programming Sheets (see attached example) - Document Panels, Readers, Power Supplies and wire paths with System Surveyo r - Provide Reports in both hard copy and PDF to client as documentation to the system. PRICING SUMMARY: Pricing (excluding any and all applicable taxes and excluding permits not clearly included or outlined in this proposal)………………………………………………………………..………………..$ 12,287.63 Initial City Council 20 – 34 10/1/2024 Proposal # P-9587 The human connection between you and your technology. Project Details Job Details AMAG Software Blueviolet/Lanmor Services will utilizing the existing instance of the AMAG Symmetry software on the client supplied and configured virtual server. Blueviolet/Lanmor Services will require remote access to this system during the installation phase of the project. Blueviolet/Lanmor Services would request ongoing remote access to best handle support issues after the initial project installation. This can be managed by the City’s IT department. Blueviolet/Lanmor Services will install One AMAG client on a City provided computer at the Library facility. The AMAG software client will be supplied by others. Site Locations The following locations are being converted to the new AMAG access control system: - City of Santa Ana Library See the attached project door schedule for details on each reader location . It is the responsibility of the contract and electrical sub contractor to provide details of the AMAG door controllers, card reader, duress buttons and door release devices. If this is not provided, Lanmor Service will provide a change order for additional time to identify these areas and confirm locations based on construction drawings and be billed as time and materials. Door Controllers Blueviolet/Lanmor Services will be programming the new AMAG Door controllers. Lanmor service will follow the naming schemes currently in place with the City of Santa Ana at the City Hall locations. Power Supplies Blueviolet/Lanmor Services will be utilizing new power supplies at each of the controller locations. Which will include new batteries for battery backup. All connections to the power supplies will already be completed and tested prior to the start of programming the AMAG controllers. If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing. Readers Blueviolet/Lanmor Services will be programming new readers in the City’s AMAG Symmetry system. Lanmor service will follow the naming schemes currently in place with the City of Santa Ana at the City Hall locations. All connections to the card readers will already be completed and tested prior to the start of programming the AMAG controllers. If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing. . Cabling Blueviolet/Lanmor Services will be utilizing cabling provided and installed by others. The contractor is responsible for providing wire details and wire run locations to Lanmor prior to the beginning of programming. All wires will need to properly be labelled at each controller. City Council 20 – 35 10/1/2024 Proposal # P-9587 The human connection between you and your technology. If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing. Training Blueviolet/Lanmor Services will not be providing any training with this project. Blueviolet/Lanmor Services will provide all programming sheets with door names for the City to handle the AMAG Symmetry programming door schedules and assigning groups. The City will be responsible for adding the library employees into the system as well. Networking Requirements Blueviolet/Lanmor Services will require the City of Santa Ana IT’s department to provide data connections for each of the new door controller locations. These have been labeled on the attached maps. Blueviolet/Lanmor Services will utilize the existing cable runs to the security switches. The IT department is responsible for providing the IP address mapping for each door controller. It is Lanmor Service’s responsibility to provide the IT department with the MAC addresses for each new controller prior to the beginning of the installation. Blueviolet/Lanmor Services will configure the door controllers, which will allow the IT department to map the correct IP address to each device. The City’s IT department will have the final approval on all IDF room connections. It is the responsibility of the customer to confirm IDF connections via the attached drawings. Any changes to the IDF locations after the acceptance of the project may require a change order for addition labor to increase the wire runs. Blueviolet/Lanmor Services has been provided with the contact information for Mike Fetner (mfetner@santa-ana.org) and Greg Dunham (gdunham@santa-ana.org) as points of contacts with all IT related questions. Door Programming Process Prior to programming the new doors to new system, Blueviolet/Lanmor Services will test and ensure that the new doors are operational and perform the basic access control operations. If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing. Duress Buttons Programming Plans do not show any duress buttons for the location. If this is added, Blueviolet/Lanmor Services can provide a change order to cover the duress button programming and commissioning. City Council 20 – 36 10/1/2024 Proposal # P-9587 The human connection between you and your technology. Project Commissioning New Door Operation Commissioning process: • Confirm new reader is programmed in access control system • Confirm new Status contact functionality o Closed Status o Open Status o Forced Open Status • Request for Exit o Confirm Request for exit functionality ▪ Exit door and check AMAG log for valid functionality • Card Reader o Confirm card read of a valid credential o Confirm negative card read of invalid credentials • Locking Hardware o Confirm mechanical operation of new locks o Confirm electrical operation of lock with valid card read o Confirm manual override with key operation • Power Connection o Confirm hinge or armored cable is properly installed and functioning • Customers sign off New Door Controller Commissioning process: • Confirm new controller is programmed in access control system • Label all wires and Card reader ports • Label New Controller with proper AMAG Chain naming scheme • Document with pictures of Controller Installation location • Batteries o Label Batteries with installation date o Load test batteries and label with install date • Label Enclosure with proper naming scheme and enclosure contents • Document with pictures of Controller Installation location • Customers sign off City Council 20 – 37 10/1/2024 Proposal # P-9587 The human connection between you and your technology. Fire Connection This proposal does not include any fire alarm tie ins to the existing fire alarm system .Project Management Included Information distribution assistance, notification support, project scheduling, training coordination, onsite live support and follow up cut over to Blueviolet/Lanmor Services service department. OWNER TO PROVIDE: • The City of Santa Ana’s IT department is to provide VPN remote access to Blueviolet/Lanmor Services. This will allow Blueviolet/Lanmor Services the ability to remotely diagnose issues and be better prepared when arriving onsite. City Council 20 – 38 10/1/2024 Proposal # P-9587 The human connection between you and your technology. RELEVANT EXPERIENCE Blueviolet/Lanmor Services performs small security system installations such as a single card reader installation all the way to corporate security deployments that involve installations in multiple states across the nation. Lanmor has installed many access controls, CCTV, and alarm systems at/for various local healthcare organizations and have become their preferred security vendor. On a larger scale; we are currently working in conjunction with Sandia Laboratories and the Global Threat Reduction Initiative team to upgrade the security systems at locations across the nation, which contain high levels of radioactive material. We are also working with APS, a regional utility, to upgrade their security systems at multiple power plants and substation locations to new federal regulations. With our vast experience and knowledge, I am completely confident that we can meet and exceed your expectations! CLARIFICATION(S) 1) Client to provide: 110vac power as well as (1) high speed internet line at the new control panel location. 2) Standard manufacturer’s lead times are listed below. Lead times are subject to change due to broken machinery, seasonal ebbs & flows, weather and other unforeseen circumstances outside of Lanmor’s control. These lead times are based on the return of all approved submittals and all answered questions. Lead times below are accurate at the time of this proposal and may vary by the time the project is awarded and submittals approved. Lanmor will not be responsible for missed schedule dates for reasons outside of our control. 2.1. Hollow Metal Frames 3-5 weeks. Hollow Metal Doors 4-6 weeks. Wood Doors 10-12 weeks. Hardware 4-6 weeks. 3) Breaking apart ANY QUOTE will create a delay in material AND a cost add to project. 4) Upon approval of submittals, Blueviolet/Lanmor Services assumes no liability for changes, mistakes, or additions which were not noted/redlined on the submittals. By approving the submittals, the approver acknowledges that all is correct on the submittals unless otherwise noted/redlined. (if applicable). All other changes must be agreed to in writing and executed by both parties. 5) Custom ordered materials (those that cannot be returned) must be paid for prior to Blueviolet/Lanmor Services processing the order. The frames (and/or the doors) are (or are not) custom and require prepayment. 6) Unless otherwise noted on this proposal; the warranty period is one year for materials and ninety days for labor from Blueviolet/Lanmor Services’ substantial completion of the project. Notice of a warranty claim must be received by Blueviolet/Lanmor Services within the warranty period. The exclusive remedy under the warranty is Blueviolet/Lanmor Services’ obligation to repair or replace any defective work, or at its election, compensate the Owner or Contractor for the diminished value caused by Blueviolet/Lanmor Services’ work. City Council 20 – 39 10/1/2024 Proposal # P-9587 The human connection between you and your technology. PROJECT MANAGEMENT Upon being awarded this project, Lanmor will immediately assign a project manager to oversee this project from beginning to end. It will be requested by Lanmor to have a “project kick-off” meeting in which all Contractor/Owner and Lanmor staff involved will meet to introduce each other and to go over scheduling, requirements, and other details of this project (can be completed via phone conference). The Lanmor project manager will supply the Contractor/Owner representative all the necessary documentation as described in the deliverables and will be the first point of contact for anything concerning this project. EXCLUSIONS (unless specifically included above) • Cutting, patching, and painting of existing walls. • Grouting, caulking, Glazing or provisioning of any glass for Storefront entrances. • Disconnect, reconnect, or relocation of plumbing, electrical, HVAC or other services. • Painting and finishing of unfinished doors and frames. • Framing, rough carpentry, and drywall required. • Master keying of cylinders to existing key systems. • Installation of customer furnished materials. • Required building permits and authority having jurisdiction approval. • Work scheduled after hours or weekends. • Expedited shipping charges / Acceleration of installation schedule. • Delay not directly caused by Blueviolet/Lanmor Services. • Changes in scope, terms and conditions or schedule not covered in pricing. • No back charges against Blueviolet/Lanmor Services without providing 72 hour written notice and an opportunity to cure. • Work area containment. • 110v electrical. • Extra costs of return trips are required due to inadequate preparation of the opening(s) prior to installation. All openings must be ready for install. • Permits of any kind. • Any Lifts needed due to ceiling heights. • Conduit and Raceways for necessary for connectivity. REFERENCES City Council 20 – 40 10/1/2024 Proposal # P-9587 The human connection between you and your technology. 1. APS – Robert Griffith, Manager of Security Infrastructure, (602) 809-2306 2. Maricopa Integrated Health System – Michael Gallante, Chief of Security, (602) 509-5014 3. Transperfect – Wallace Michaelson, Director Infrastructure & Technology, (602) 281-0742 4. Sandia National Laboratories – Melanie Florez, Project Manager, (505) 845-0011 WARRANTY Blueviolet/Lanmor Services warranties all product and software for a period of one year from partial and or complete system activation. Labor for a period of 90 days from partial and or complete system activation. Notice of a warranty claim must be received by Blueviolet/Lanmor Services within the warranty period. The exclusive remedy under the warranty is Blueviolet/Lanmor Services’ obligation to repair or replace any defective work, or at its election, compensate the Owner or Contractor for the diminished value caused by Blueviolet/Lanmor Services’ work. TERMS & CONDITIONS If accepted, all prior or contemporaneous negotiations or agreements are merged into this Proposal. No future agreements supersede or modifies this Proposal unless such future agreement expressly modifies one or more particular term of this Proposal and such modification is in writing and executed by both parties. This quotation is good for 30 days from the date listed at the top of this proposal. Conditional upon buyers’ credit, 50% of the contract amount will be due with the acceptance of this agreement and prior to any material being purchased and the issuance of the customers purchase order. The remaining will be due 30 days from the date of our invoice(s). Accepted by: Title: Date: ____________________________________ _________________________________ __________________ City Council 20 – 41 10/1/2024 Programming Loading Sheet for AMAG Expansion Boards Panel Types Customer Name M2150 8 DC M2150 8 DBC Site Location Name M2150 4 DC M2150 4 DBC Site Address M2150 2 DC M2150 2 DBC Panel Type M2150 DBU Panel Serial Number EN-1DBC Panel Mac Address Qty EN-2DBC Panel Firmware Are there Wim Modules for Weigand Panel Location Panel Address Panel IP Address Panel Subnet Panel Gateway Qty Are there any onboard AC 8/4 Input Modules No Are there any Onboard OC 4/8 Ouput Modules No Control Panel 8DBC, 4DBC, 2 DBC, Circle One Board Address Reader Number Chain, Controller, Board, Port X.X.X.X Reader Model / Part Number Does reader have keypad, biometric or NA Door Contact (Y/N)REX (Y/N) Shunt on REX (Y/N) Unlock on REX (Y/N) Lock Type (strike/EL/CB/ Maglock) Unlock on Fire Release (Y/N) Bypass Connected Bypass Relay #, Chain, Controller, Board, Port X.X.X.X-BYP Onboard Input Board INPT OUTPUT #, Chain, Controller, Board, Port X.X.X.X Device Type: Panic, Door Contact, Motion sensor, Unlock Button, Control Relay Name Reader Name:__.__.__.1 939S Blue tooth Y Y Y N EL No Input __.__.__.1 Reader Name:__.__.__.2 939S Blue tooth Y Y Y N EL No Input __.__.__.2 Reader Name:__.__.__.3 939S Blue tooth Y Y Y N EL No Input __.__.__.3 Reader Name:__.__.__.4 RP40 NO Y Y Y N EL No Input __.__.__.4 Reader Name:__.__.__.5 RP40 NO Y Y Y N EL No Input __.__.__.5 Reader Name:__.__.__.6 RP40 NO Y Y Y N EL No Input __.__.__.6 Reader Name:__.__.__.7 RP40 NO Y Y Y N EL No Input __.__.__.7 Reader Name:__.__.__.8 RP40 NO Y Y Y N EL No Input __.__.__.8 Output __.__.__.1 Output __.__.__.2 Output __.__.__.3 Output __.__.__.4 Expansion Boards 8DC, 4 DC 2 DC Board Address Reader Number Chain, Controller, Board, Port X.X.X.X Reader Model / Part Number Does reader have keypad, biometric or NA Door Contact (Y/N)REX (Y/N) Shunt on REX (Y/N) Unlock on REX (Y/N) Lock Type (strike/EL/CB/ Maglock) Unlock on Fire Release (Y/N) Bypass Connected Bypass Relay #, Chain, Controller, Board, Port X.X.X.X-BYP Onboard Input Board INPT OUTPUT #, Chain, Controller, Board, Port X.X.X.X Device Type: Panic, Door Contact, Motion sensor, Unlock Button, Control Relay Name Reader Name:__.__.__.1 RP40 NO Y Y Y N EL No Input __.__.__.1 Reader Name:__.__.__.2 RP40 NO Y Y Y N EL No Input __.__.__.2 Reader Name:__.__.__.3 RP40 NO Y Y Y N EL No Input __.__.__.3 Reader Name:__.__.__.4 RP40 NO Y Y Y N EL No Input __.__.__.4 Reader Name:__.__.__.5 RP40 NO Y Y Y N EL No Input __.__.__.5 Reader Name:__.__.__.6 RP40 NO Y Y Y N EL No Input __.__.__.6 Reader Name:__.__.__.7 RP40 NO Y Y Y N EL No Input __.__.__.7 Reader Name:__.__.__.8 RP40 NO Y Y Y N EL No Input __.__.__.8 Output __.__.__.1 Output __.__.__.2 Output __.__.__.3 Customer Administrator Name Customer Administrator Phone Number Local Customer Contact Name Local Customer Contact Phone Number Down stream Door Controllers, Expansion M2150 8DC M2150 4DC M2150 2DC AC 24/4 Input Board OC 4/24 Output Board WIEGAND Weigand or Current Loop Reader WIEGAND WIEGAND WIEGAND WIEGAND WIEGAND WIEGAND WIEGAND WIEGAND WIEGAND WIEGAND WIEGAND Weigand or Current Loop Reader WIEGAND WIEGAND WIEGAND WIEGAND City Council 20 – 42 10/1/2024 July 21st, 2024 CITY OF SANTA ANA ACCESS CONTROL UPGRADE Santa Ana, CA SURVEYS City of Santa Ana Access Control Upgrade- Survey- Library 1s... | +2 surveys Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 1/8 City Council 20 – 43 10/1/2024 TABLE OF CONTENTS CONTENTS City of Santa Ana Access Control Upgrade-Survey- Library 1st Floor 3 BILL OF MATERIALS 3 LAYOUT 4 City of Santa Ana Access Control Upgrade-Survey- Library Basement 5 BILL OF MATERIALS 5 LAYOUT 6 City of Santa Ana Access Control Upgrade-Survey-Library 2nd Floor 7 BILL OF MATERIALS 7 LAYOUT 8 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 City of Santa Ana Access Control UpgradeCity of Santa Ana Access Control Upgrade 2/8 City Council 20 – 44 10/1/2024 BILL OF MATERIALS - City of Santa Ana Access Control Upgrade-Survey- Library 1st Floor MAKE MODEL#ACCESSORIES QUANTITY Access Control 18 Card Reader 13 ----------13 Panic Button 5 ----------5 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 City of Santa Ana Access Control UpgradeCity of Santa Ana Access Control Upgrade 3/8 City Council 20 – 45 10/1/2024 LAYOUT - City of Santa Ana Access Control Upgrade-Survey- Library 1st Floor Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 RDR-001PB-001PB-002PB-003PB-004RDR-002RDR-003RDR-004RDR-005RDR-006RDR-007RDR-008RDR-009RDR-010RDR-011RDR-012RDR-013PB-005 Access Control Card Reader 13 Panic Button 5 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 City of Santa Ana Access Control UpgradeCity of Santa Ana Access Control Upgrade 4/8 City Council 20 – 46 10/1/2024 BILL OF MATERIALS - City of Santa Ana Access Control Upgrade-Survey- Library Basement MAKE MODEL#ACCESSORIES QUANTITY Access Control 3 Card Reader 3 ----------3 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 City of Santa Ana Access Control UpgradeCity of Santa Ana Access Control Upgrade 5/8 City Council 20 – 47 10/1/2024 LAYOUT - City of Santa Ana Access Control Upgrade-Survey- Library Basement Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 RDR-001RDR-002RDR-003 Access Control Card Reader 3 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 City of Santa Ana Access Control UpgradeCity of Santa Ana Access Control Upgrade 6/8 City Council 20 – 48 10/1/2024 BILL OF MATERIALS - City of Santa Ana Access Control Upgrade-Survey-Library 2nd Floor MAKE MODEL#ACCESSORIES QUANTITY Access Control 6 Card Reader 6 ----------6 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 City of Santa Ana Access Control UpgradeCity of Santa Ana Access Control Upgrade 7/8 City Council 20 – 49 10/1/2024 LAYOUT - City of Santa Ana Access Control Upgrade-Survey- Library 2nd Floor Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 RDR-001RDR-002RDR-003RDR-004RDR-005RDR-006 Access Control Card Reader 6 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 City of Santa Ana Access Control UpgradeCity of Santa Ana Access Control Upgrade 8/8 City Council 20 – 50 10/1/2024 July 21st, 2024 CITY OF SANTA ANA ACCESS CONTROL UPGRADE Santa Ana, CA SURVEY City of Santa Ana Access Control Upgrade- Survey-Newhope Lib... Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 1/4 City Council 20 – 51 10/1/2024 TABLE OF CONTENTS CONTENTS City of Santa Ana Access Control Upgrade-Survey-Newhope Library 3 BILL OF MATERIALS 3 LAYOUT 4 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 City of Santa Ana Access Control UpgradeCity of Santa Ana Access Control Upgrade 2/4 City Council 20 – 52 10/1/2024 BILL OF MATERIALS - City of Santa Ana Access Control Upgrade-Survey-Newhope Library MAKE MODEL#ACCESSORIES QUANTITY Access Control 7 Card Reader 7 ----------7 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 City of Santa Ana Access Control UpgradeCity of Santa Ana Access Control Upgrade 3/4 City Council 20 – 53 10/1/2024 LAYOUT - City of Santa Ana Access Control Upgrade-Survey- Newhope Library Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 RDR-001RDR-002RDR-003RDR-004RDR-005RDR-006RDR-007 Access Control Card Reader 7 Prepared by: A Division of The Cook & Boardman Gro…July 21st, 2024 City of Santa Ana Access Control UpgradeCity of Santa Ana Access Control Upgrade 4/4 City Council 20 – 54 10/1/2024 Public Works Agency www.santa-ana.org/public-works Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Santa Ana Wellness Plaza AGENDA TITLE Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 22-1358) (Non-General Fund) (Revive Santa Ana) RECOMMENDED ACTION 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $883,660, which includes $746,929 for the construction contract; $69,039 for contract administration, inspection, and testing; and a $74,693 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $883,660 of funding in the American Rescue Plan Act funds for the Santa Ana Wellness Plaza. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $746,929, for the construction of the Santa Ana Wellness Plaza Project, for the term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-66 was filed for Project 22-1358. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The City was allocated American Rescue Plan Act (ARPA) funding to enhance pedestrian safety, accessibility, and mobility within qualified census tract areas. The Santa Ana Wellness Plaza project (No. 22-1358) meets the intent of the funding source by enhancing the Civic Center courtyard area, between City Hall and City Council Chamber, to provide a safe and welcoming environment for the general public of the City of Santa Ana (Exhibit 1). The project scope includes removal of decomposed granite, installing new hardscape, new landscaping including trees, water element, City Council 21 – 1 10/1/2024 Santa Ana Wellness Plaza October 1, 2024 Page 2 4 5 7 0 irrigation, waterproofing, lighting, and site furnishings. The new improvements will enrich the surrounding community and the visiting public by providing the plaza with new amenities including game tables (such as chess boards), benches, and a fountain (Exhibit 1). A copy of construction plans, contracts, specifications, and all related reference materials (such as The Greenbook) are available for public review at the City’s Public Work Agency, Central Files office located in City Hall. Concept plans are attached as Exhibit 1. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 58 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, a pre-bid job meeting was conducted on June 11, 2024 for prospective bidders to clarify any project related questions prior to submitting their bids. A total of six bids were received. No bids were received from a Santa Ana contractor. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 6 and June 11, 2024. The project was also advertised in PlanetBids from June 5 through June 26, 2024. Bids were received electronically via PlanetBids and opened on June 26, 2024. Bids are valid until November 28, 2024. No bid protest was submitted by any of the bidders during the bid protest period. Bid Results Summary Rank Bidder’s Name Location Base Bid 1 Diamond Construction & Design La Habra, CA $746,929 2 Axiom Group Los Angeles, CA $897,717 3 C.S. Legacy Construction, Inc.Walnut, CA $1,065,028 4 Aguilar & Calderon Corporation Whittier, CA $1,098,998 5 The Nazerian Group Encino, CA $1,244,123 6 MBC Enterprises, Inc.Westminster, CA $1,356,779 A total of six bids were received and all were deemed responsive. Diamond Construction & Design submitted the lowest responsive base bid in the amount of $746,929 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Since the contract will be below $750,000, the project will not be subject to the City of Santa Ana Community Workforce Agreement (CWA). Based on the bid analysis and a contractor’s reference check, staff City Council 21 – 2 10/1/2024 Santa Ana Wellness Plaza October 1, 2024 Page 3 4 5 7 0 recommends awarding the construction contract to Diamond Construction & Design (Exhibit 3). Diamond Construction & Design has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently completing the Residential Street Repair Program Project. A reference check was made with staff and good reviews were received regarding the quality of work performed by the contractor on previous projects. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either Staff or consultants and includes construction management, inspection of the Contractor’s work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements. Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $883,660. Project Item Total Construction Contract Bid Amount $746,929 Construction Administration $32,880 Inspection $20,473 Testing $8,685 Project Contingencies $74,693 Total Estimated Construction Delivery Cost $883,660 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Section 15301(a) of the CEQA Guidelines for projects consisting of minor alteration to an existing public facility. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2024-66 was filed for the Civic Center Wellness Plaza on July 24, 2024 (Exhibit 5). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project (22-1358) is $883,660. The funds were budgeted and available for expenditure in Fiscal Year 2023-2024 and will be presented to the City Council for carry-forward to City Council 21 – 3 10/1/2024 Santa Ana Wellness Plaza October 1, 2024 Page 4 4 5 7 0 the Fiscal Year 2024-2025 budget. All funds are available for expenditure in Fiscal Year 2024-25 Capital Improvement Program (Exhibit 6). However, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2025-26. A proposed carryover of unspent funds will be presented to the City Council for the FY 2025-26 portion of this contract. The proposed contract authorizes staff a maximum of 10% in contingencies for construction contract change orders. Staff will return to City Council for authorization and appropriation of additional contingency if necessary. The following table summarizes the funds budgeted for expenditure to deliver the construction of this project: Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit, Account No. Description Amount EXISTING BUDGET 2023-24 18117013-66220 (22-1358) American Rescue Plan Act (ARPA) ARPA – PWA, Improvements Other Than Building $883,660 Total $883,660 EXHIBIT(S) 1. Location Map & Concept Plans 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. Environmental Determination 6. FY 2024-25 Capital Improvement Program Sheet Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 21 – 4 10/1/2024 PWA SANTA ANA PUBLIC WORKS AGENCY Project No. 22-1358: Santa Ana Wellness Plaza Location Map EXHIBIT 1 City Council 21 – 5 10/1/2024 City Council 21 – 6 10/1/2024 DIAMOND CONSTRUCTION & DESIGN 19,000 19,000 6,500 6,500 185 58,275 4,500 4,500 75 2,550 60 11,400 325 6,175 22,500 22,500 1038.50 27,001 36,000 36,000 29 17,864 25 4,250 14 34,888 17.8 16,037.80 City Council 21 – 7 10/1/2024 167,900 7 $167,900 $2,065 5,000 $5,000 20 $14,000 1,200 $4,800 800 $4,800 38,000 $38,000 19,225 $38,450 2,700 $16,200 2,750 $27,500 400 $1,600 5,000 $10,000 $7,000 $7,000 3,500 $28,000 30,000 $30,000 250 $6,500 500 $1,500 2,000 $2,000 1.25 $5,681.25 1.25 $5,806.25 4,000 $12,000 City Council 21 – 8 10/1/2024 DIAMOND CONSTRUCTION & DESIGN STELIAN ONUFREI - GEN ADRIAN O'BRIAN - qualify partner 250 $5,750 45 $37,665 30 $1,770 4,000 $4,000 2,000 $2,000 746,928.30 City Council 21 – 9 10/1/2024 DIAMOND CONSTRUCTION & DESIGN ADRIAN O'BRIAN - qualify partner STELIAN ONUFREI - GENERAL PARTNER City Council 21 – 10 10/1/2024 rev. 08/01/2023 Page 1 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO. 22-1358 SANTA ANA WELLNESS PLAZA This CONSTRUCTION CONTRACT is made and entered into this 1st day of October, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Diamond Construction & Design (hereinafter “CONTRACTOR”). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Santa Ana Wellness Plaza Project (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following: Notice Inviting Bids Information to Bidders Bid Proposal Bid Bond Contract Form Contract Bonds General Provisions Special Provisions Technical Provisions and Project Plans Community Workforce Agreement Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Seven Hundred Forty-Six Thousand Nine Hundred Twenty-Eight Dollars and Thirty Cents ($746,928.30), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A.” The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any EXHIBIT 3 City Council 21 – 11 10/1/2024 Page 2 of 3 class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4.CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “A”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5.The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6.If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: http://www.santa-ana.org/pwa/documents/CWA.pdf 7.CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8.CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9.CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10.INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i)Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; City Council 21 – 12 10/1/2024 Page 3 of 3 (ii)Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii)The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv)The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v)Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi)The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 11.FEDERAL PROVISIONS. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all applicable federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a.Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); b.U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; c.Treasury Compliance and Reporting Guidance for the Act; d.2 C.F.R Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e.Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f.Federal contract provisions attached hereto as Exhibit “B” and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in tis Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. City Council 21 – 13 10/1/2024 Page 4 of 3 ATTEST: CITY OF SANTA ANA JENNIFER L. HALL City Clerk ALVARO NUÑEZ City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney Diamond Construction & Design By: NAME: Assistant City Attorney TITLE: RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency STELIAN ONUFREI general partner Jonathan T. Martinez Nabil Saba Digitally signed by Nabil Saba Date: 2024.09.17 14:57:12 -07'00' City Council 21 – 14 10/1/2024 DIAMOND CONSTRUCTION & DESIGN 19,000 19,000 6,500 6,500 185 58,275 4,500 4,500 75 2,550 60 11,400 325 6,175 22,500 22,500 1038.50 27,001 36,000 36,000 29 17,864 25 4,250 14 34,888 17.8 16,037.80 EXHIBIT A City Council 21 – 15 10/1/2024 167,900 7 $167,900 $2,065 5,000 $5,000 20 $14,000 1,200 $4,800 800 $4,800 38,000 $38,000 19,225 $38,450 2,700 $16,200 2,750 $27,500 400 $1,600 5,000 $10,000 $7,000 $7,000 3,500 $28,000 30,000 $30,000 250 $6,500 500 $1,500 2,000 $2,000 1.25 $5,681.25 1.25 $5,806.25 4,000 $12,000 City Council 21 – 16 10/1/2024 DIAMOND CONSTRUCTION & DESIGN STELIAN ONUFREI - GEN ADRIAN O'BRIAN - qualify partner 250 $5,750 45 $37,665 30 $1,770 4,000 $4,000 2,000 $2,000 746,928.30 City Council 21 – 17 10/1/2024 DIAMOND CONSTRUCTION & DESIGN ADRIAN O'BRIAN - qualify partner STELIAN ONUFREI - GENERAL PARTNER City Council 21 – 18 10/1/2024 Page 5 of 14 EXHIBIT B FEDERAL CONTRACT PROVISIONS During the performance of this Construction Contract, CONTRACTOR shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit "B." 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) Equal Employment Opportunity: During the performance of this Construction Contract, CONTRACTOR agrees as follows: (i) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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. (ii) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. City Council 21 – 19 10/1/2024 Page 6 of 14 (iv) The CONTRACTOR will 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. (v) The CONTRACTOR will 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. (vi) The CONTRACTOR will 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 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. (vii) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this Construction Contract or with any of the said rules, regulations, or orders, this Construction Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the CITY so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract. The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the City Council 21 – 20 10/1/2024 Page 7 of 14 supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) Davis-Bacon Act: Not applicable to this Construction Contract since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) ti-Kickba Not applicable to this Construction Contract since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the CONTRACTOR, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is City Council 21 – 21 10/1/2024 Page 8 of 14 held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv)Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f)Appendix II to Part 200 (F) Rights to Inventions Made Under a Contract or Agreement: Not applicable to this Construction Contract. (g)Appendix II to Part 200 (G) Clean Air Act and Federal Water Pollution Control Act: (i)Pursuant to the Clean Air Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (ii)Pursuant to the Federal Water Pollution Control Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (h)Appendix II to Part 200 (H) Debarment and Suspension: (i)This Construction Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii)CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii)This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv)CONTRACTOR warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all City Council 21 – 22 10/1/2024 Page 9 of 14 subcontractors performing work under this Construction Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Construction Contract. (i)Appendix II to Part 200 (I) Byrd Anti-Lobbying Act: CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachm reference. (j)Appendix II to Part 200 (J) §200.323 Procurement of Recovered Materials: (i)CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii)In the performance of this Construction Contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii)Information about this requirement, along with the list of EPA-designate items, is https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv)The CONTRACTOR also agrees to comply with all other applicable requirements (k)Appendix II to Part 200 (K) §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i)CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Construction Contract. As described in Public Law 115 232, section 889, covered City Council 21 – 23 10/1/2024 Page 10 of 14 telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) §200.322 Domestic Preferences for Procurement: (i) CONTRACTOR shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and regulations implementing that section, and guidance issued by Treasury regarding the foregoing. CONTRACTOR agrees to provide the CITY, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5) years after completion of the project. City Council 21 – 24 10/1/2024 Page 11 of 14 (b)Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i)Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii)Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii)OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subj (iv)Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v)Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi)New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii)Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c)Compliance with Federal Statutes and Regulations Prohibiting Discrimination. CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i)Title VI o implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii)The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii)Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv)The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and age in programs or activities receiving federal financial assistance. City Council 21 – 25 10/1/2024 Page 12 of 14 (v)Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d)False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e)Protections for Whistleblowers. (i)In accordance with 41 U.S.C. § 4712, CONTRACTOR may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii)The list of persons and entities referenced in the paragraph above includes the following: (1)A member of Congress or a representative of a committee of Congress; (2)An Inspector General; (3)The Government Accountability Office; (4)A Treasury employee responsible for contract or grant oversight or management; (5)An authorized official of the Department of Justice or other law enforcement agency; (6)A court or grand jury; or (7)A management official or other employee of CONTRACTOR, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f)Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g)Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), CONTRACTOR should encourage its employees and subcontractors to adopt and City Council 21 – 26 10/1/2024 Page 13 of 14 enforce policies that ban text messaging while driving, and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (h)Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i)CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii)CONTRACTOR assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, CONTRACTOR shall initiate services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii)CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv)CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACTOR such assistance is provided. (v)CONTRACTOR agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as City Council 21 – 27 10/1/2024 Page 14 of 14 implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi)CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property. (vii)CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. CONTRACTOR shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii)CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI. (ix)CONTRACTOR -compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the CONTRACTOR and the administrative agency that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination, CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency finding of discrimination, please so state. (x)If CONTRACTOR makes sub-awards to other agencies or other entities, CONTRACTOR is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance. City Council 21 – 28 10/1/2024 EXHIBIT 4 Construction Contract 746,929.00$ Contract Administration, Inspection and Testing 62,038.00$ Contingencies 74,693.00$ TOTAL ESTIMATED CONSTRUCTION COSTS 883,660.00$ CONSTRUCTION OF PROJECT NO. 22-1358: Santa Ana Wellness Plaza COST ANALYSIS City Council 21 – 29 10/1/2024 MAYOR Valerie Amezcua MAYOR PRO TEM Thai Viet Phan COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez PUBLIC WORKS AGENCY 20 Civic Center Plaza (M-36) P.O. BOX 1988 • Santa Ana, California 92702 (714)647-5690 • Fax (714) 647-5823 www.santa-ana.org NOTICE OF EXEMPTION INTERIM CITY MANAGER Alvaro Nu'\ez CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Jennifer L. Hall From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK County of Orange P.O. Box 238 Santa Ana, CA 92702 Project Title: Project Number (s): Civic Center Wellness Plaza 2425 Project Location: City: Santa Ana Civic Center County: Orange ER Number : ER-2024-66 From: City of Santa Ana Public Works Agency 20 Civic Center Plaza (M-36) Santa Ana, CA 92702 Date of Approval: 09/17/2024 Project Description: Project involves renovation of an existing courtyard area which will include upgrades to existing hardscape, landscape, irrigation, lighting and site furnishings. Applicant Name: Applicant Address: City of Santa Ana, Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 Name of Public Agency Approving Project Name of Agency Carrying Out Project: Exempt Status: □Ministerial (Sec. 15268)□Declared Emergency (Sec. 15269 (a)) City Council Public Works Agency D Emergency Project (Sec. 15269 (b through e))□General Rule (Sec. 15061 (b )(3)/(5))□Statutory Exemption: 0 Categorical Exemption: 15301 a Reason(s) Why Project is Exempt From CEQA: 15301a involves minor alteration to existing public facility City Contact: Suzi Furjanic Signature: 3/='� � Title: Acting Park Planning Mgr SANTA ANA CITY COUNCIL Telephone: (714) 571-4241 Date: ro-i-r Valerie Amezcua Mayor va mezcua@santa-ana.org Thai Viet Phan Jessie Lopez ! Benjamin Vazquez Phil Bacerra : Johnathan Ryan Hernandez David Penaloza Mayor Pro Tern, Ward 1 Ward 3 tohan@santa•ana ora iessielooez@santa--aoa om : Ward2 Ward4 : Wards , Ward6 �vaz auez@santa-ana orq pbacerra@sa nta-ana.ora:irvanhernandez@santa-ana.ora :dPenaloza @santa-ana org City Council 21 – 30 10/1/2024 CITY OF SANTA ANA FY 24/25CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Transform the City of Santa Ana Courtyard outside of City Hall into an ADA compliant Public Health Plaza. The project will include ADA enhancements including new pavement and ADA compliant public restrooms. PROJECT NEED: The outdoor Public Health Plaza will be utilized for a variety of purposes, including but not limited to the following: host COVID-19 vaccination clinics; staging area for COVID testing; space for health, wellness programming and training; public communication efforts; community gatherings and meeting space. The Public Health Plaza is located in a HUD designated Qualified Census Tract and is Walking distance to several disadvantaged communities. PROJECT TITLE: Civic Center Public Health Plaza PROJECT CATEGORY: City & Park Facility Improvements Facility LOCATION MAP AGENCY:DIVISION:DATE: Public Works CIP Engineering CONTACT: Sean Thomas, Principal Civil Engineer 17-Sep-2024 PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction 746,928 ------ Contingency 74,693 ------ Engineering 62,039 ------ TOTAL 883,660 ------ SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 ARPA Funds 883,660 ------ TOTAL 883,660 ------ EXHIBIT 6 City Council 21 – 31 10/1/2024 Public Works Agency www.santa-ana.org/public-works Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Traffic Signal Installation at Segerstrom Avenue and Spruce Street AGENDA TITLE Construction Contract with Elecnor Belco Electric, Inc. for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (Project No. 24-6045) (General and Non-General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $132,134 in the New Transportation System Improvements Area E, Prior Year Carry Forward revenue account (No. 03417002-50001) and appropriate the same amount into the New Transportation System Improvements Area E, Improvements Other Than Buildings expenditure account (No. 03417660-66220). (Requires five affirmative votes) 2. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $132,134 in construction funding from the Transportation System Improvement Area E account for the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 24-6045). 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $803,348, which includes $642,628 for the construction contract; $96,395 for contract administration, inspection, and testing; and a $64,325 project contingency for unanticipated or unforeseen work. 4. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $642,628, subject to change orders, for construction of the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (No. 24- 6045), for a term beginning October 1, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-64 was filled for Project No. 24-6045. City Council 22 – 1 10/1/2024 Traffic Signal Installation at Segerstrom Avenue and Spruce Street October 1, 2024 Page 2 4 5 7 9 GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency (PWA)’s Engineering Services is responsible for the administration and oversight of all Capital Improvement Projects. PWA received $675,000 in General Fund dollars for traffic safety improvements at the intersection of Segerstrom Avenue and Spruce Street. This traffic safety project will install a new traffic signal at the intersection of Segerstrom Avenue and Spruce Street (Exhibit 1) to enhance safety and increase mobility for those crossing at the intersection. The improvements will provide protected vehicular and pedestrian movements to help eliminate conflicting movements and improve traffic flow for motorists and pedestrians when traversing the intersection. Additionally, high visibility crosswalks with audible pedestrian signals will be installed to enhance visibility of crossing pedestrians and bicyclists at the intersection. The scope of work includes installation of the new traffic signal poles, conduit, wiring, fiber optic cable, video detection system, and signage and striping. Staff requests City Council approval for the reallocation of $132,134 in unspent Transportation System Improvement Area E funds needed to complete the total project funding requirement. Upon approval of the requested reallocation of funds, the total funds available for construction will be $803,348, which is composed of $671,214 in General Fund and $132,134 in Transportation System Improvement Area E funds. A copy of construction plans, contracts, specifications and all related reference materials (such as The Greenbook) are available for public review at the City’s Public Works Agency, Central Files office located in City Hall. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 35 regional vendors via PlanetBids, many of which are Santa Ana based. A total of four bids were received. No bids were received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 26, 2024 and June 28, 2024. The project was also advertised in PlanetBids on June 25, 2024. Bids were received electronically via PlanetBids and opened on July 17, 2024. Bids are valid until November 6, 2024. No bid protest was submitted by any of the bidders during the bid protest period. City Council 22 – 2 10/1/2024 Traffic Signal Installation at Segerstrom Avenue and Spruce Street October 1, 2024 Page 3 4 5 7 9 Bid Results Summary Rank Bidder’s Name Location Base Bid Base Bid + Add Alternate Bid 1 Elecnor Belco Electric, Inc.Chino, CA $607,552 $642,628 2 Select Electric, Inc Vista, CA $641,627 $675,775 3 International Line Builders Inc.Corona, CA $669,796 $688,509 4 Crosstown Electrical & Data, Inc.Irwindale, CA $700,989 $732,589 A total of four bids were received and all were deemed responsive. Elecnor Belco Electric, Inc. submitted the lowest responsive bid in the amount of $562,868 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the base bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Elecnor Belco Electric, Inc. in the amount of the base bid and alternate bid totaling $642,628. (Exhibit 3). Elecnor Belco Electric, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently completing Bristol Street and Santa Clara Avenue Traffic Signal Installation. A reference check was made with staff and good reviews were received regarding the quality of work performed by the contractor on previous projects. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either Staff or consultants and includes construction management, inspection of the Contractor’s work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements. Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project. In addition to the Construction Contract Bid Amount, Staff requests that City Council allocate and authorize a project contingency budget equal to 10% of the Contract Bid Amount. The recommended contingency budget will allow Staff to execute contract change orders in the event unexpected conditions arise or if additional work is required to effectively deliver the project. City Council 22 – 3 10/1/2024 Traffic Signal Installation at Segerstrom Avenue and Spruce Street October 1, 2024 Page 4 4 5 7 9 As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $803,348. Project Item Total Construction Contract Bid Amount $642,628 Construction Administration $51,088 Inspection $31,810 Testing $13,497 Project Contingencies $64,325 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $803,348 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(b) of the CEQA Guidelines for projects consisting of repair/maintenance of existing public facilities. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2024-64 was filed for Project 24-6045 (Exhibit 5). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $803,348. All funds are available for expenditure in Fiscal Year 2024-25. Any remaining balances not expended at the end of the fiscal year will be carried forward into Fiscal Year 2025-26. The proposed contract authorizes staff a maximum of 10% in contingencies for construction contract change orders. Staff will return to the City Council for authorization and appropriation of additional contingency if necessary. With the approval of the requested appropriation adjustment, a portion of the accumulated fund balance will be appropriated for spending in the New Transportation System Improvements Area E, Improvements Other Than Buildings Account (No. 03417660-66220). The spendable portion of the fund balance is estimated to be $1,331,631 as of June 30, 2025, which is sufficient to allow for the recommended appropriation of $132,134. The funds will be budgeted and available for this item in the accounts below (Exhibit 6). The following table summarizes the funds budgeted for expenditure to deliver construction of this project: City Council 22 – 4 10/1/2024 Traffic Signal Installation at Segerstrom Avenue and Spruce Street October 1, 2024 Page 5 4 5 7 9 Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit, Account No. Description Amount EXISTING BUDGET 2024-25 01117620- 66220 (24-6045) General Fund PW-Traffic/Trans – Service Enhancement, Improvements Other Than Buildings $671,214 APPROPRIATION ADJUSTMENT 2024-25 03417660- 66220 (24-6045) New Transportation System Improvements Area E New Transpo Sys Impr Area E, Improvements Other Than Buildings $132,134 Total $803,348 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. Environmental Determination 6. CIP Project Sheet Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 22 – 5 10/1/2024 PWA SANTA ANA PUBLIC WORKS AGENCY Project No. 24-6045: Traffic Signal Installation at Segerstrom Avenue and Spruce Street Exhibit 1 LEGEND: - PROJECT LIMITS STANDARD AVE2ND ST EXHIBIT 1 City Council 22 – 6 10/1/2024 EXHIBIT 2 City Council 22 – 7 10/1/2024 City Council 22 – 8 10/1/2024 City Council 22 – 9 10/1/2024 City Council 22 – 10 10/1/2024 CITY OF SANTA ANA CONSTRUCTION CONTRACT rev. 09/01/2017 Page 1 of 3 PROJECT NO. 24-6045 – TRAFFIC SIGNAL INSTALLATION AT SEGERSTROM AVENUE AND SPRUCE STREET This CONSTRUCTION CONTRACT is made and entered into this 1st day of October, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Elecnor Belco Electric, Inc. (hereinafter “CONTRACTOR”). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Traffic Signal Installation at Segerstrom Avenue and Spruce Street Project (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council. 2.The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following: Notice Inviting Bids Information to Bidders Bid Proposal Bid Bond Contract Form Contract Bonds General Provisions Special Provisions Technical Provisions and Project Plans Community Workforce Agreement Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3.CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Six Hundred Forty Two Thousand Six Hundred Twenty Eight Dollars and Zero Cents ($642,628.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A,” and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. EXHIBIT 3 City Council 22 – 11 10/1/2024 Page 2 of 3 4.CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “A”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5.The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6.If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: http://www.santa-ana.org/pwa/documents/CWA.pdf 7.CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8.CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9.CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10.INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i)Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii)Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 22 – 12 10/1/2024 Page 3 of 3 (iii)The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv)The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v)Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi)The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA ANA ALVARO NUÑEZ City Manager CONTRACTOR: Elecnor Belco Electric, Inc. NAME: TITLE: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: -oQatKaQ 7 0artLQe] Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency Alberto Garcia President/CEO Nabil Saba Digitally signed by Nabil Saba Date: 2024.09.23 16:34:30 -07'00' City Council 22 – 13 10/1/2024 Exhibit A City Council 22 – 14 10/1/2024 City Council 22 – 15 10/1/2024 City Council 22 – 16 10/1/2024 City Council 22 – 17 10/1/2024 Construction Contract 642,628.00$ Contract Administration 51,088.00$ Inspection 31,810.00$ Testing 13,497.00$ Contingencies 64,325.00$ TOTAL ESTIMATED CONSTRUCTION COSTS 803,348.00$ CONSTRUCTION OF PROJECT NO. 24-6045: TRAFFIC SIGNAL INSTALLAITON AT SEGERSTROM AVENUE AND SPRUCE STREET COST ANALYSIS City Council 22 – 18 10/1/2024 EXHIBIT 5 City Council 22 – 19 10/1/2024 City Council 22 – 20 10/1/2024 City Council 22 – 21 10/1/2024 EXHIBIT 6 City Council 22 – 22 10/1/2024 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Historic Property Preservation Agreements AGENDA TITLE Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street RECOMMENDED ACTION Authorize the City Manager to execute the attached Mills Act agreements with the below-referenced property owners for the identified structure(s) (Agreement Nos. A- 2024-XXX, A-2024-XXX, A-2024-XXX and A-2024-XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 2024-16, ER No. 2024-18, ER No. 2024-39, and ER No. 2024-40] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Thomas M. Harris 2024-02 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie Bidmead 2024-05 2369 N Flower Street 9:0:0:0 Kevin Kajikawa and Jonathan Melendez 2024-06 424 S Broadway 8:0:0:1 (Commissioner Escamilla absent) David Bush Smith 2024-08 825 N Lacy Street 9:0:0:0 GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On July 15, 2024, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the Mills Act agreements listed in Table 1, above, with the identified property owners for historic structure(s) in the City, subject to non-substantive changes approved by the City Manager and City Attorney. City Council 23 – 1 10/1/2024 Historic Property Preservation Agreements October 1, 2024 Page 2 4 5 1 7 This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed projects are exempt from further review. The following Categorical Exemptions will be filed for this project: •ER No. 2024-16 (2369 N Flower Street) •ER No. 2024-18 (424 S Broadway) •ER No. 2024-39 (2620 N Flower Street) •ER No. 2024-40 (825 N Lacy Street) FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $4,162.95 annually noted below, for a period of not less than ten years. HPPA No.Address Estimate Exhibit No. 2024-02 2620 N. Flower Street $1,269.35 1-2 2024-05 2369 N. Flower Street $675.77 3-4 2024-06 424 S. Broadway $1,005.08 5-6 2024-08 825 N. Lacy Street $1,212.75 7-8 Total for all Properties:$4,162.95 EXHIBIT(S) 1. Mills Act Agreement – 2620 N Flower Street 2. HRC Staff Report – 2620 N Flower Street 3. Mills Act Agreement – 2369 N Flower Street 4. HRC Staff Report – 2369 N Flower Street 5. Mills Act Agreement – 424 S Broadway 6. HRC Staff Report – 424 S Broadway 7. Mills Act Agreement – 825 N Lacy Street 8. HRC Staff Report – 825 N Lacy Street Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Alvaro Nuñez, City Manager City Council 23 – 2 10/1/2024 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 _________________________________________________________________________ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Thomas M. Harris, an Unmarried Man, (hereinafter collectively referred to as “Owner”), owner of real property located at 2620 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2620 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.” C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 23 – 3 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 2 - E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 2, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 23 – 4 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 3 - b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” and the City Council Historic Property Preservation Agreement (HPPA No. 2024-02) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the City Council 23 – 5 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 4 - Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, o r if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. City Council 23 – 6 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 5 - 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2620 N Flower Street, Assessor Parcel Number, 001-244-19, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office Owners: Thomas M. Harris 2620 North Flower Street Santa Ana, CA 92706 City Council 23 – 7 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 6 - 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees w ith respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered b y the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. City Council 23 – 8 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 7 - 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 23 – 9 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 -8 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL ALVARO NUÑEZ City Clerk City Manager OWNER Date: ______________________ By:_________________________ THOMAS M. HARRIS APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency City Council 23 – 10 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 9 - EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 10 OF THE POTTS, BORDEN AND SIDWELL TRACT, IN THE CITY OF SANTA ANA COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT 10, BEING THE CENTER LINE OF FLOWER STREET AS SHOWN ON THE MAP OF TRACT NO. 1824, RECORDED IN BOOK 53, PAGES 10 AND 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF LOT 63 OF SAID TRACT NO. 1824; THENCE WEST 165.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 63; THENCE SOUTH 1° 02' 00" WEST ALONG THE EASTERLY LINE OF SAID TRACT NO. 1824 TO THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO PARK LANE ESTATES, A CALIFORNIA CORPORATION, RECORDED OCTOBER 23, 1953 IN BOOK 2600, PAGE 283 OF OFFICIAL RECORDS; THENCE SOUTH 89° 53' 26" EAST 165.00 FEET ALONG THE NORTH LINE OF SAID LAND OF PARK LANE ESTATES TO THE EAST LINE OF SAID LOT 10; THENCE NORTH 1° 02' 00" EAST TO THE POINT OF BEGINNING. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEEDS OF RECORD. Assessor’s Parcel Number: 001-244-19 City Council 23 – 11 10/1/2024 EXECUTIVE SUMMARY MILLER-TAYLOR HOUSE 2620 North Flower Street Santa Ana, CA 92706 NAME Miller-Taylor House REF. NO. ADDRESS 2620 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1917 LOCAL REGISTER CATEGORY: Key HISTORIC DIST RICT N/A NEIGHBORHOOD Morrison/Eldridge Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE:Craftsman Bungalow Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s (McAlester, 453-463). SUMMARY/CONCLUSION : The Miller-Taylor House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an examp le of the Craftsman aesthetic (Municipal Code, Section 30- 2.2). EXPLANATION OF CODES: x California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3:It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. x California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1:Individual property that is listed or designated locally. Exhibit B City Council 23 – 12 10/1/2024 State of California ⎯ The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code _____________________________________ Other Listings _____________________________________________________________________ Review Code ________Reviewer________________________Date_______________ Page _1_of _3_Resource name(s) or number (assigned by recorder)Miller-Taylor House P1. Other Identifier: *P2. Location:Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA0067 Date: *c. Address 2620 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data:Assessor’s Parcel Number 001-244-19 *P3a. Description:(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Set slightly above street level on a property rimmed by a low concrete retaining wall, this one-story Craftsman bungalow is screened from view by dense shrubbery. A cross-gabled roof of medium pitch caps the building. Rafters with shaped tails are exposed in the eaves. Carved braces and extended bargeboards trim the gable ends. An extremely shallow, shed-roofed dormer projects from the north half of the roof. Shingles face the gable ends, while narrow clapboard covers the b ody of the house above a sill line. Tucked into the peaks of the gables, triangular vents are pierced by narrow slits accented by jigsawn arrows. Nearly obscured by vegetation, the porch is sheltered beneath the front gable, which is supported by paired, battered posts set on a brick porch railing. The front door features narrow vertical channels of beveled glass. Windows on the side elevations appear to be a combination of one-over-one double-hung sash and casements; openings on the façade are hidden by foliage. A shed-roofed projection on the north elevation may mark the location of a secondary entry. The building permit record indicates that the house is substantially intact; the property is in fair condition. *P3b. Resource Attributes:(list attributes and codes)HP2. Single-family Property *P4. Resources Present:Building Structure Object Site District Element of District Other P5b. Photo: (view and date) East and north elevations November 2006 *P6. Date Constructed/Age and Sources:historic 1917/City of Santa Ana Database *P7. Owner and Address: Barbara M. Taylor 2620 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D. Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: December 1, 2006 *P10. Survey Type: Intensive Survey Update *P11. Report Citation:(Cite survey report and other sources, or enter “none”) None. *Attachments:None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list) DPR 523A (1/95)*Required information P5a. Photo City Council 23 – 13 10/1/2024 State of California ⎯ The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code_5S1__________________________ *Resource Name or #:Miller-Taylor House B1. Historic Name:Miller-Taylor House B2. Common Name:Same B3. Original Use:Single-family Residence B4. Present Use:Single-family Residence *B5. Architectural Style:Craftsman Bungalow *B6. Construction History:(Construction date, alterations, and date of alterations):Constructed in 1917 April 29, 1933. Rebuild brick flue. June 23, 1944. Reroof. *B7. Moved?No Yes Unknown Date:_Original Location:______ *B8. Related Features: None. B9a. Architect:Unknown b. Builder:Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: Circa 1917-1956 Property Type:Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Miller-Taylor House is architecturally significant as an intact and representative example of a Craftsman residence and is historically notable as one of a handful of pre World War II homes in the area. It was built in 1917, according to City of Santa Ana records, making it the oldest known house in the immediate vicinity. City directories appear to confirm this date of construction. Initially listed in 1918 as located on the west side of North Flower Street, three [houses] north of Santa Clara, this was the home of Fred J. Miller, a baggageman with the Santa Fe railroad, and his wife Annie. In 1925, Fred Miller’s occupation was listed as “rancher” and his address was 2610 North Flower. This number apparently changed in 1930 to 2620, probably to accommodate the numbering of the houses built immediately to the south in the 1920s. After 1928, Mrs. Anna D. Miller was the sole occupant listed in the directories. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes:(List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator:Leslie J. Heumann *Date of Evaluation:December 1, 2006 DPR 523B (1/95)*Required information Sketch Map (This space reserved for official comments.) 2620 N. Flower Street 001-244-19 City Council 23 – 14 10/1/2024 State of California ⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_of 3_Resource Name or # (Assigned by recorder)Miller-Taylor House *Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date December 1, 2006 _Continuation Update DPR 523L *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing around the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Miller-Taylor House is located in north Santa Ana, in the Morrison/Eldridge Park neighborhood. An irregularly shaped area straddling North Flower Street, Morrison/Eldridge Park is bounded by the Garden Grove (22) and the Santa Ana (5) freeways on the north and east, Sharon Road and Memory Lane on the south, and North Bristol Street on the west. With the primary exception of the 2600 block of North Flower Street, this area remained unsubdivided and presumably agricultural through World War II. According to the city directories and early maps, North Flower ended at Seventeenth Street until around 1915, when six homes were noted north of Seventeenth, including three north of Santiago Creek. By 1920, there were nine homes, including one (2610, later numbered 2620), in what would become the Morrison/Eldridge Park neighborhood. Construction of three additional homes on the 2600 block occurred between 1925 and 1930. Beginning with a handful of homes constructed on newly laid out streets in the first few years of the 1950s, the area exploded in the mid 1950s with the building of tracts of homes in the California Ranch style. Home building in the neighborhood tapered off in the 1960s and ended around 1972. The Miller-Taylor House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman style. Typical Craftsman features illustrated by the house include its cross-gabled roof configuration; decorative use of exposed structural and functional elements such as beams, rafters, and vents; and incorporation of a deep front porch and a dormer into the design. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of the Craftsman bungalow. Character-defining exterior features of the Miller-Taylor House that should be preserved include, but may not be limited to, materials and finishes (clapboard, shingles); roof configuration and detailing; massing; original windows and doors and their surrounds where extant; porch configuration and detailing, entry; and architectural details such asbeams, rafters and bargeboards with shaped tails, porch posts, and vents. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780 . Cambridge: MIT Press, 1969. Orange County Plat Maps, 1912. Thomas Brothers Maps of Orange County, 1957, 1964, and 1969. Santa Ana and Orange County Directories, 1905-1962. City Council 23 – 15 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 -1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1.Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2.The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3.All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4.Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5.Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6.Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated b y historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7.The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8.Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9.Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 23 – 16 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 -2 - size, scale, color, material and character of the property, neighborhood, or environment. 10.Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 23 – 17 10/1/2024 Exhibit D: Proposed Structure Improvements (“Work Plan”) 2620 North Flower Street Item Year Improvement 1 2024 Driveway resurfacing 2 2025 Construct era-appropriate two-car detached garage 3 2025 Restore the porch’s front (east) and south (side) porch elevation to original based on historic photos 4 2026 Remove non-original stained glass window at south façade and replace with compatible window 5 2027 Inspect all original windows and framing. Ensure windows are in proper working order and in good condition. Repair as needed. Replace only if necessary if repair is not feasible. City Council 23 – 18 10/1/2024 Planning and Building Agency Item # d City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report July 15, 2024 – Special Meeting Topic: HPPA No. 2024-02 – The Miller-Taylor House (2620 N. Flower Street) RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with Thomas M. Harris for the property located at 2620 North Flower Street, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Thomas M. Harris is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 2620 North Flower Street that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Miller-Taylor House, consists of an existing one-story residence that reflects the Craftsman style, and is approximately 1,414 square feet in size on a 9,750-square-foot residential lot (Exhibit 2). The Miller-Taylor House was added to the Santa Ana Register of Historical Properties (“Register”) in 2007, categorized as “Key.” Analysis of the Issues Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements, for eligible properties. The property is listed on the Register and categorized as Key, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: City Council 23 – 19 10/1/2024 HPPA No. 2024-08 – The Miller-Taylor House (2620 North Flower Street) July 15, 2024 Page 2 4 3 5 3 •Long term preservation of the property and visual improvement to the neighborhood •Allows for a mechanism to provide for property rehabilitation •Provides additional incentive for potential buyers to purchase historic structures •Discourages inappropriate alterations to the property In 2007, the Historic Resources Commission placed the Miller-Taylor House on the Register and within the “Key” category for its distinguishing characteristics of the Craftsman style. Character-defining exterior features of the Miller-Taylor House that should be preserved include, but may not be limited to: materials and finishes (clapboard, shingles); roof configuration and detailing; massing; original windows and doors and their surrounds where extant; [original] porch configuration and detailing, entry; and architectural details such as beams, rafters and bargeboards with shaped tails, porch posts, and vents. Additional future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include repaving the driveway, constructing a period-correct two-car detached garage, and restoring the porch’s front (east) and south (side) facades to original condition based on historic photographs. During staff’s site visit, the following were noted and added to the Mills Act Agreement work plan: remove the south (side) façade’s non-original stained glass window and replace with a period-correct window, and inspect all original windows and framing to ensure they are in proper working condition and repair/replace as needed. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-39, will be filed for this project. City Council 23 – 20 10/1/2024 HPPA No. 2024-08 – The Miller-Taylor House (2620 North Flower Street) July 15, 2024 Page 3 4 3 5 3 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,269.35 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500’ Radius Map 3 - Site Photos – 2620 North Flower Street 4 – Action Minutes HRC January 4 2007 (2620 North Flower Street) 5 – Action Minutes HRC March 1 2007 (2620 North Flower Street) Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency City Council 23 – 21 10/1/2024 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 _________________________________________________________________________ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Thomas M. Harris, an Unmarried Man, (hereinafter collectively referred to as “Owner”), owner of real property located at 2620 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2620 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.” C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 23 – 22 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 2 - E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 18, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 23 – 23 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 3 - b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” and the City Council Historic Property Preservation Agreement (HPPA No. 2024-02) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the City Council 23 – 24 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 4 - Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, o r if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. City Council 23 – 25 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 5 - 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2620 N Flower Street, Assessor Parcel Number, 001-244-19, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office Owners: Thomas M. Harris 2620 North Flower Street Santa Ana, CA 92706 City Council 23 – 26 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 6 - 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. City Council 23 – 27 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 7 - 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 23 – 28 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 8 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL ALVARO NUÑEZ City Clerk Acting City Manager OWNER Date: ______________________ By:_________________________ THOMAS M. HARRIS APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency City Council 23 – 29 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 9 - EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 10 OF THE POTTS, BORDEN AND SIDWELL TRACT, IN THE CITY OF SANTA ANA COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT 10, BEING THE CENTER LINE OF FLOWER STREET AS SHOWN ON THE MAP OF TRACT NO. 1824, RECORDED IN BOOK 53, PAGES 10 AND 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF LOT 63 OF SAID TRACT NO. 1824; THENCE WEST 165.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 63; THENCE SOUTH 1° 02' 00" WEST ALONG THE EASTERLY LINE OF SAID TRACT NO. 1824 TO THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO PARK LANE ESTATES, A CALIFORNIA CORPORATION, RECORDED OCTOBER 23, 1953 IN BOOK 2600, PAGE 283 OF OFFICIAL RECORDS; THENCE SOUTH 89° 53' 26" EAST 165.00 FEET ALONG THE NORTH LINE OF SAID LAND OF PARK LANE ESTATES TO THE EAST LINE OF SAID LOT 10; THENCE NORTH 1° 02' 00" EAST TO THE POINT OF BEGINNING. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEEDS OF RECORD. Assessor’s Parcel Number: 001-244-19 City Council 23 – 30 10/1/2024 1 9 9 9 9 P L A N N I N G AND B U I L D I N G A G E N C Y HPPA-2024-02 2620 NORTH FLOWER STREET MILLER-TAYLOR HOUSE SITE 500’ RADIUS EXHIBIT 2 City Council 23 – 31 10/1/2024 HPPA-2024-02 The Miller-Taylor House 2620 North Flower Street SITE PHOTOS EXHIBIT 3 City Council 23 – 32 10/1/2024 ACTION MINUTES OF THE ACTION MINUTES OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA JANUARY 4, 2007 CALLED TO ORDER 4:33 P.M. ATTENDANCE:COMMISSIONERS PRESENT: Alfonso Bustamante Philip Chinn Paul Cook-Giles, Chairman Rita Corpin Tom Lutz Michael Macres Phillip Schaefer, Vice Chi air Michael Seeley COMMISSIONERS ABSENT: Blair O'Callaghan STAFF PRESENT: Kylee Otto, Assistant City Attorney Sergio Klotz, Senior Planner Martha Ramirez, Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG -CHAIR COOK-GILES CONSENT CALENDAR MOTION: Approve the staff recommendations on the following Consent Calendar. MOTION: Macres SECOND: Lutz VOTE: AYES: Bustamante, Chinn, Cook-Giles, Corpin, Lutz, Macres, Schaefer, Seeley (8) NOES: None (0) ABSENT: O'Callaghan (1) ABSTAIN: None (0) A. Minutes RECOMMENDATION: Approve minutes of the regular meeting of December 7, 2006. B. Commission Secretary Resort RECOMMENDATION: Instruct the Commission Secretary to enter into the minutes that pursuant to the Brown Act, the December 7, 2006 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on November 30, 2006 at 3:38 p.m. END OF CONSENT CALENDAR** BUSINESS CALENDAR C. No disclosures were made. Historic Resources Commission Minutes 1 January 4, 2007 City Council 23 – 33 10/1/2024 ennroni io w i o~ a oe PROCEDURAL RULES 1. ii G PUBLIC HEARINGS Filed by the City of Santa Ana to place and categorize the structures on the Santa Ana Register of Historical Properties. Tt ~se, w?nad M5 2909 North Fallbrook Drive Burns House Key 06-25/06-25 2620 North Flower Street Miller House Contributive 06-26/06-26 2612 North Flower Street Roehm House Contributive 06-27/06-27 2606 North Flower Street M. W. Peterson House Contributive 06-28/06-28 2602 North Flower Street W.F. Peterson House Contributive 06-29/06-29 PUBLISHED IN THE ORANGE COUNTY REPORTER: December 22, 2006 PUBLICLY NOTICED: December 21, 2006 RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2006-25 and Historic Register Categorization No. 2006-25. 2. Adopt a resolution approving Historic Resources Commission Application No. 2006-26 and Historic Register Categorization No. 2006-26. 3. Adopt a resolution approving Historic Resources Commission Application No. 2006-27 and Historic Register Categorization No. 2006-27. 4. Adopt a resolution approving Historic Resources Commission Application No. 2006-28 and Historic Register Categorization No. 2006-28. 5. Adopt a resolution approving Historic Resources Commission Application No. 2006-29 and Historic Register Categorization No. 2006-29. Associate Planner Nally Soboleske provided the staff report and recommendation. She stated that the applicant for the property at 2909 Fallbrook requested atwo-month continuance (March 1, 2007). Commissioner Seeley commented on the front windows at the M. W. Peterson House (2606 North Flower Street). Architectural Historian Leslie Neumann stated that although one of the windows was not original to the house, it had been in place for more than 50 years. The public hearing was opened. Barbara Taylor requested a continuance for 2620 North Flower Street. She also provided some historical information on the original owners. Chairman Cook- Giles recommended changing the name of the structure to Miller-Taylor House. Ms. Neumann provided research information reg rding the built date and the address number change for 2620 North Flower Str~et. Vice Chair Schaefer commented on earthquake damage sustained at 2612 North Flower Street. The public hearing was closed. Historic Resources Commission Minutes 2 January 4, 2007 City Council 23 – 34 10/1/2024 City Council 23 – 35 10/1/2024 4. Historic Resources Commission Comments Commissioner Macres Requested an update on the Twist-Basler House, specifically the door replacement and relocation of the McNeil-Basler House. Ms. Soboleske provided information. Commissioner Lutz Requested an update at the March 1, 2007 rrneeting regarding the Maharajah House (styrofoam cornice) located at 2221 North Heliotrope. Provided copies for distribution of the Spurgeon Building restoration and dedication document dated May 16, 1996. Vice Chair Schaefer Commented on the increase of graffiti citywide; encouraged staff to follow up with the Public Works Agency. Commissioner Seeley No comments Commissioner Corpin Commented on the efforts of the Public Works Agency to remove graffiti within her area. Commissioner Chinn Suggested obtaining funds to assist with rest ration efforts, specifically paint. Praised city staff for their good work on~the porch for the house or Spurgeon Street in French Park. Inquired about the educational requirement for Historic Commissioner qualifications to meet the Certified Local Government designation under the National Historic Preservation Act of 1966. Ms. Soboleske provided information. Requested an update on the McNeil-Basler House relocation. Ms. Soboleske provided information. Commissioner Bustamante No comments. Chair Cook-Giles Commented on Planning Commission/City C¢uncil's upcoming request on variance to expand square footage of a house in French Park; indicated property already exceeds city's standards. Encouraged everyone to express their concerns regarding "mansionization". 5. Excuse of Absences Commissioner Schaefer made a motion to excuse the absence of Commissioner O'Callaghan. Motion was seconded by Commissioner Macres and unanimously approved by the Commission. 6. Adjournment 5:13 p.m. Martha Ramirez, Recor i g Secre Historic Resources Commission Minutes 4 January 4, 2007 City Council 23 – 36 10/1/2024 ACTION MINUTES OF THE un~~e~.~ ~~n~..e~~~n ~w~uunn~~u ACTION MINUTES OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA MARCH 1, 2007 1 CALLED TO ORDER 4:30 P.M. ATTENDANCE: COMMISSIONERS PRESENT: Alfonso Bustamante Jeff Dickman Blair O'Callaghan Donald Rogers Phillip Schaefer, Vice Chair Michael Seeley COMMISSIONERS ABSENT: Philip Chinn Michael Macres STAFF PRESENT: Jay Trevino, Ex. Dir. Plan. & Bldg. Agency Karen Haluza, Planning Manager Kylee Otto, Assistant City Attorney Sergio Klotz, Associate Planner Martha Ramirez, Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG -VICE CHAll2 SCHAEFER CONSENT CALENDAR MOTION: Approve the staff recommendations on the following Consent Calendar. MOTION: Schaeffer VOTE: AYES: NOES: ABSENT: ABSTAIN A. Minutes RECOMMENDATION: SECOND: Seeley Bustamante, Dickman, Rogers, Schaefer, Seeley (5) None (0) Chinn, Macres (2) O'Callaghan (1) Approve minutes of the regular meeting of January 4, 2007. Commissioner O'Callaghan abstained from the Minutes of January 4, 2007. B. Commission Secretary Report RECOMMENDATION: Instruct the Commission Secretary to enter into the minutes that pursuant to the Brown Act, the February 1, 2007 Cancellation Notice for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on January 25, 2007 at 1:23 p.m. Instruct the Commission Secretary to enter into the minutes that pursuant to the Brown Act, the January 4, 2007 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on December 28, 2006 at 1:52 p.m. END OF CONSENT CALENDAR** Historic Resources Commission Minutes 1 March 1, 2007 City Council 23 – 37 10/1/2024 BUSINESS CALENDAR D. Commissioner O'Callaghan abstained from Item 2 regarding the property located at 2126 North Ross. E. Historic Resources Commissioners Donald Rogers, Alfonso Bustamante, and Blair O'Callaghan were appointed to the Ad Hoc Committee for the 2007 Historic Preservation Awards. PROCEDURAL RULES PUBLIC HEARINGS 1. 2006-21i Continued by the Historic Resources Commission: January 4, 2007 to March 1, 2007) PUBLISHED IN THE ORANGE COUNTY REPORTER: February 16, 2007 PUBLICLY NOTICED: February 16, 2007 Categorization changed from Contributive to Key for 2620 North Flower Street; item was renoticed. RECOMMENDATION 1. Adopt a resolution approving Historic Resources Commission Application No. 2006-25 and Historic Register Categorization No. 2006-25. 2. Adopt a resolution approving Historic Resources Commission Application No. 2006-26 and Historic Register Categorization No. 2006-26. Associate Planner Hally Soboleske recommendation. The public hearing was opened. No one spoke during the public hearing. 1 The public hearing was closed. provided the staff report and MOTION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2006-25 and Historic Register Categorization No. 2006-25. 2. Adopt a resolution approving Historic Resources Commission Application No. 2006-26 and Historic Register Categorization No. 2006-26. Commission Minutes 2 March 1, 2007 Filed by the City of Santa Ana to place and categorize the structures on the Santa Ana Register of Historical Properties. City Council 23 – 38 10/1/2024 MOTION: VOTE: Seeley SECOND: Bustamante AYES:Bustamante, Dickman, O'Callaghan, Rogers, Schaefer, Seeley (6) NOES:None (0) ABSENT:Chinn, Macres (2) ABSTAIN:None (0) 2. IrkLJI 2007-01 THROUGH 2007-05 Filed by the City of Santa Ana to place and categorize the structures on the Santa Ana Register of Historical Properties. STRUCTUR RECOMMENDEDADDRESSNAME.CATEGORY 2126 North Ross Street MacKay House Contributive 07-01107-01 2309 North Flower Street Clyde A. Martin House Contributive 07-02/07-02 2415 North Poinsettia Street Dixon House Contributive 07-03107-03 919 West Camile Street Brooks House Contributive 07-04/07-04) 1015 West Camile Street Evans House Contributive 07-05/07-05) PUBLISHED IN THE ORANGE COUNTY REPORTER: PUBLICLY NOTICED: RECOMMENDATION: February 16, 2007 February 16, 2007 1. Adopt a resolution approving Historic Resources Commission No. 2007-01 and Historic Register Categorization No. 2007-01. 2. Adopt a resolution approving Historic Resources Commission No. 2007-02 and Historic Register Categorization No. 2007-02. 3. Adopt a resolution approving Historic Resources Commission No. 2007-03 and Historic Register Categorization No. 2007-03. 4. Adopt a resolution approving Historic Resources Commission No. 2007-04 and Historic Register Categorization No. 2007-04. 5. Adopt a resolution approving Historic Resources Commission No. 2007-05 and Historic Register Categorization No. 2007-05. Associate Planner Hally Soboleske recommendation. The public hearing was opened. No one spoke during the public hearing. The public hearing was closed. fl MOTION: Application Application Application Application Application provided the staff report and 1. Adopt a resolution approving Historic Resources Commission Application No. 2007-01 and Historic Register Categorization No. 2007-01. Commissioner O'Callaghan abstained from voting. 2. Adopt a resolution approving Historic Resources Commission Application No. 2007-02 and Historic Register Categorization No. 2007-02. Historic Resources Commission Minutes 3 March 1, 2007 City Council 23 – 39 10/1/2024 3. Adopt a resolution approving Historic Resources Commission 3. Adopt a resolution approving Historic Resources Commission Application No. 2007-03 and Historic Register Categorization No. 2007-03. 4. Adopt a resolution approving Historio Resources Commission Application No. 2007-04 and Historic Register Categorization No. 2007-04. 5. Adopt a resolution approving Historic Resources Commission Application No. 2007-05 and Historic Register Categorization No. 2007-05. MOTION: Seeley SECOND: Bustamante VOTE: AYES: Bustamante, Dickman, O'Callaghan', Rogers, Schaefer, Seeley (6) NOES: None (0) ABSENT: Chinn, Macres (2) ABSTAIN: O'Callaghan' for 2126 North Ross (07-01/07-01) ITEM TAKEN OUT OF ORDER C. SERVICE RECOGNITIONS FOR PAUL COOK-GIIrES AND RITA CORPIN Vice Chairman Schaefer issued proclamations to recognize the contributions of Paul Cook-Giles and Rita Corpin to the Historic Resources Commission. 3. HISTORIC EXTERIOR MODIFICATION APPLICATION NO. 2007-01 Filed by Citigroup, to allow an exterior modification to a historic landmark structure (Smith Tuthill Funeral Parlor) that includes the addition of an Automated Teller Machine in the rear of the building at 518 North Broadway Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 16, 2007 PUBLICLY NOTICED: February 16, 2007 RECOMMENDATION: Adopt a resolution approving a Certificate of Appropriateness for Historic Exterior Modification Application No. 2007-01. Associate Planner Hally Soboleske provided the staff report and recommendation. The public hearing was opened. No one spoke during the public hearing. The public hearing was closed. MOTION: Adopt a resolution approving a Certificate of Appropriateness for Historic Exterior Modification Application No. 2007-01. MOTION: O'Callaghan SECOND: Bustamante VOTE: AYES:Bustamante, Dickman, O'Callaghan, Rogers, Schaefer, Seeley (6) NOES:None (0) ABSENT:Chinn, Macres (2) ABSTAIN:None (0) d4. Public Comments items not on the apen al Historic Resources Commission Minutes 4 March 1, 2D07 City Council 23 – 40 10/1/2024 c~rw rr wan n~uwuc~c~~~u n~wwu tore STAFF AND COMMISSION COMMENTS 5. Staff Comments Assistant City Attorney Kylee Otto reminded Commissioners of the April 2, 2007 deadline to submit the FPPC Form 700 to the Clerk of the Council and announced that training would be available on March 12, 2007 at the Planning Commission meeting. Associate Planner Hally Soboleske encouraged' Commissioners to submit nominations or applications for the Historic Preservation Awards. 6. Historic Resources Commission Comments Vice Chair Schaefer will defer the continuation of the Template Review Committee until April after the Election of Officers. 7. Excuse of Absences Vice Chair Schaefer motioned to excuse the absences of Commissioners Chinn and Macres. The motion was seconded by Commissioner O'Callaghan and unanimously approved by the Commission. 8. Adjournment 5:33 p.m. Martha Ramirez Recording Secretary fl Historic Resources Commission Minutes 5 March 1, 2007 City Council 23 – 41 10/1/2024 EXECUTIVE SUMMARY MILLER-TAYLOR HOUSE 2620 North Flower Street Santa Ana, CA 92706 NAME Miller-Taylor House REF. NO. ADDRESS 2620 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1917 LOCAL REGISTER CATEGORY: Key HISTORIC DIST RICT N/A NEIGHBORHOOD Morrison/Eldridge Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE:Craftsman Bungalow Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s (McAlester, 453-463). SUMMARY/CONCLUSION : The Miller-Taylor House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an examp le of the Craftsman aesthetic (Municipal Code, Section 30- 2.2). EXPLANATION OF CODES: x California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3:It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. x California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1:Individual property that is listed or designated locally. City Council 23 – 42 10/1/2024 State of California ⎯ The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code _____________________________________ Other Listings _____________________________________________________________________ Review Code ________Reviewer________________________Date_______________ Page _1_of _3_Resource name(s) or number (assigned by recorder)Miller-Taylor House P1. Other Identifier: *P2. Location:Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA0067 Date: *c. Address 2620 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data:Assessor’s Parcel Number 001-244-19 *P3a. Description:(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Set slightly above street level on a property rimmed by a low concrete retaining wall, this one-story Craftsman bungalow is screened from view by dense shrubbery. A cross-gabled roof of medium pitch caps the building. Rafters with shaped tails are exposed in the eaves. Carved braces and extended bargeboards trim the gable ends. An extremely shallow, shed-roofed dormer projects from the north half of the roof. Shingles face the gable ends, while narrow clapboard covers the b ody of the house above a sill line. Tucked into the peaks of the gables, triangular vents are pierced by narrow slits accented by jigsawn arrows. Nearly obscured by vegetation, the porch is sheltered beneath the front gable, which is supported by paired, battered posts set on a brick porch railing. The front door features narrow vertical channels of beveled glass. Windows on the side elevations appear to be a combination of one-over-one double-hung sash and casements; openings on the façade are hidden by foliage. A shed-roofed projection on the north elevation may mark the location of a secondary entry. The building permit record indicates that the house is substantially intact; the property is in fair condition. *P3b. Resource Attributes:(list attributes and codes)HP2. Single-family Property *P4. Resources Present:Building Structure Object Site District Element of District Other P5b. Photo: (view and date) East and north elevations November 2006 *P6. Date Constructed/Age and Sources:historic 1917/City of Santa Ana Database *P7. Owner and Address: Barbara M. Taylor 2620 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D. Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: December 1, 2006 *P10. Survey Type: Intensive Survey Update *P11. Report Citation:(Cite survey report and other sources, or enter “none”) None. *Attachments:None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list) DPR 523A (1/95)*Required information P5a. Photo City Council 23 – 43 10/1/2024 State of California ⎯ The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code_5S1__________________________ *Resource Name or #:Miller-Taylor House B1. Historic Name:Miller-Taylor House B2. Common Name:Same B3. Original Use:Single-family Residence B4. Present Use:Single-family Residence *B5. Architectural Style:Craftsman Bungalow *B6. Construction History:(Construction date, alterations, and date of alterations):Constructed in 1917 April 29, 1933. Rebuild brick flue. June 23, 1944. Reroof. *B7. Moved?No Yes Unknown Date:_Original Location:______ *B8. Related Features: None. B9a. Architect:Unknown b. Builder:Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: Circa 1917-1956 Property Type:Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Miller-Taylor House is architecturally significant as an intact and representative example of a Craftsman residence and is historically notable as one of a handful of pre World War II homes in the area. It was built in 1917, according to City of Santa Ana records, making it the oldest known house in the immediate vicinity. City directories appear to confirm this date of construction. Initially listed in 1918 as located on the west side of North Flower Street, three [houses] north of Santa Clara, this was the home of Fred J. Miller, a baggageman with the Santa Fe railroad, and his wife Annie. In 1925, Fred Miller’s occupation was listed as “rancher” and his address was 2610 North Flower. This number apparently changed in 1930 to 2620, probably to accommodate the numbering of the houses built immediately to the south in the 1920s. After 1928, Mrs. Anna D. Miller was the sole occupant listed in the directories. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes:(List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator:Leslie J. Heumann *Date of Evaluation:December 1, 2006 DPR 523B (1/95)*Required information Sketch Map (This space reserved for official comments.) 2620 N. Flower Street 001-244-19 City Council 23 – 44 10/1/2024 State of California ⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_of 3_Resource Name or # (Assigned by recorder)Miller-Taylor House *Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date December 1, 2006 _Continuation Update DPR 523L *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing around the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Miller-Taylor House is located in north Santa Ana, in the Morrison/Eldridge Park neighborhood. An irregularly shaped area straddling North Flower Street, Morrison/Eldridge Park is bounded by the Garden Grove (22) and the Santa Ana (5) freeways on the north and east, Sharon Road and Memory Lane on the south, and North Bristol Street on the west. With the primary exception of the 2600 block of North Flower Street, this area remained unsubdivided and presumably agricultural through World War II. According to the city directories and early maps, North Flower ended at Seventeenth Street until around 1915, when six homes were noted north of Seventeenth, including three north of Santiago Creek. By 1920, there were nine homes, including one (2610, later numbered 2620), in what would become the Morrison/Eldridge Park neighborhood. Construction of three additional homes on the 2600 block occurred between 1925 and 1930. Beginning with a handful of homes constructed on newly laid out streets in the first few years of the 1950s, the area exploded in the mid 1950s with the building of tracts of homes in the California Ranch style. Home building in the neighborhood tapered off in the 1960s and ended around 1972. The Miller-Taylor House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman style. Typical Craftsman features illustrated by the house include its cross-gabled roof configuration; decorative use of exposed structural and functional elements such as beams, rafters, and vents; and incorporation of a deep front porch and a dormer into the design. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of the Craftsman bungalow. Character-defining exterior features of the Miller-Taylor House that should be preserved include, but may not be limited to, materials and finishes (clapboard, shingles); roof configuration and detailing; massing; original windows and doors and their surrounds where extant; porch configuration and detailing, entry; and architectural details such asbeams, rafters and bargeboards with shaped tails, porch posts, and vents. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780 . Cambridge: MIT Press, 1969. Orange County Plat Maps, 1912. Thomas Brothers Maps of Orange County, 1957, 1964, and 1969. Santa Ana and Orange County Directories, 1905-1962. City Council 23 – 45 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 23 – 46 10/1/2024 MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 23 – 47 10/1/2024 2 1 4 6 9 Exhibit D: Proposed Structure Improvements (“Work Plan”) 2620 North Flower Street Item Year Improvement 1 2024 Driveway resurfacing 2 2025 Construct era-appropriate two-car detached garage 3 2025 Restore the porch’s front (east) and south (side) porch elevation to original based on historic photos 4 2026 Remove non-original stained glass window at south façade and replace with compatible window 5 2027 Inspect all original windows and framing. Ensure windows are in proper working order and in good condition. Repair as needed. Replace only if necessary if repair is not feasible. City Council 23 – 48 10/1/2024 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 _________________________________________________________________________ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Paul J. Gulino and Julie M. Bidmead, as Co-trustees of the Gulino / Bidmead Family Trust, U/A Dated April 30, 2019 (hereinafter collectively referred to as “Owner”), owner of real property located at 2369 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2369 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.” C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 23 – 49 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 2 - E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 2, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, City Council 23 – 50 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 3 - textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements.” Repainting exterior trim; removing non-compatible gutters; replacing rear yard side door with period-appropriate door; inspecting and repairing all original wood and steel-frame windows, window panes, and window trim as needed; and replacing the main entrance doorknob and exterior light with period-appropriate pieces, with all other work items completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list. City Council 23 – 51 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 4 - 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Ow ner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any cou rt, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. City Council 23 – 52 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 5 - b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2369 North Flower Street, Assessor Parcel Number, 002-072-13, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, cov ering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk City Council 23 – 53 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 6 - Owners: Paul Gulino and Julie Bidmead 2369 North Flower Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of th e operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. City Council 23 – 54 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 7 - 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 23 – 55 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 -8 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL ALVARO NUÑEZ City Clerk City Manager OWNERS Date: ___________________ By:__________________ PAUL GULINO Date: ___________________ By:__________________ JULIE BIDMEAD APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency City Council 23 – 56 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 9 - EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH 10 ACRES OF LOT 4 OF POTTS, BORDEN AND SIDEWELL TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 PAGE 624 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH 10 ACRES, THENCE SOUTH 179.80 FEET ALONG THE WEST LINE OF SAID LOT 4 TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF THE LAND CONVEYED TO ALFRED F. MOULTON AND EDITH W. MOULTON, BY DEED RECORDED AUGUST 5, 1938 IN BOOK 945 PAGE 582, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, THENCE SOUTH 58.00 FEET ALONG SAID WEST LINE; THENCE EAST 160.00 FEET PARALLEL WITH THE NORTH LINE OF SAID SOUTH 10 ACRES; THENCE NORTH 58.00 FEET PARALLEL WITH THE SAID WEST LINE TO THE SOUTHEAST CORNER OF SAID LAND CONVEYED TO MOULTON AND WIFE; THENCE WEST 160.00 FEET TO THE TRUE POINT OF BEGINNING. Assessor’s Parcel Number: 002-072-13 City Council 23 – 57 10/1/2024 EXECUTIVE SUMMARY R.S. McGuire House 2369 North Flower Street Santa Ana, CA 92706 NAME R.S. McGuire House REF. NO. ADDRESS 2369 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1938 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Art Moderne The Moderne style encompassed the Modernistic, Streamline Moderne, and Art Moderne variants. An evolution of the Art Deco style, the Streamline Moderne flourished during the 1930s and lingered through the decade following World War II in a simplified version. In contrast to the verticality of earlier Art Deco designs, the Streamline Moderne and Art Moderne substyles emphasized the horizontal, through bands of windows, use of decorative raised or incised hor izontal lines, railings, flat canopies with banded fascia, and narrow coping at the roofline. Other characteristics include smooth wall surfaces, usually of stucco; metal detailing; glass block or metal multi -light casement windows; rounded corners, portho le windows, and asymmetry. Incorporation of aerodynamic, transportation related imagery, especially nautical, is a signature of the style. In common with the Streamline Moderne, Art Moderne buildings also tended to be horizontal in emphasis, but tended to be more clean-lined and rectilinear in their massing and detailing than their streamlined counterparts. Art Moderne designs can be recognized by their flat roofs, smooth stucco exteriors, and use of metal casement windows that often meet at the corners of the building. SUMMARY/CONCLUSION: The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Art Moderne style . (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation . Exhibit B City Council 23 – 58 10/1/2024 State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _5_ Resource name(s) or number (assigned by recorder) R.S. McGuire House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 2369 North Flower Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-072-13 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The R.S. McGuire House is a one story, single-family, Art Moderne style residence and detached garage located on a small parcel in the Floral Park neighborhood (Figure 1). The asymmetrical residence exhibits a T-shaped plan with two primary facades facing west and south respectively. Its low-pitch hipped and gabled roof is clad in asphalt shingles with minimal overhanging eaves and exposed rafter tails. A rear addition that was added to the east façade in 1991 has curved walls and is capped with a curved roofline in asphalt shingles to match existing. The exterior of the house is clad in smooth stucco with minimal texture throughout. The primary (west) façade features a stucco-clad chimney with the upper portion clad in exposed brick. The chimney is flanked by two steel-frame, multi-pane, combination fixed-and-casement corner windows that wrap around both the north and south building corners (Figure 2). The primary façades feature two building projections that are stepped back from the front of the building. Both projections contain similar steel-frame windows that wrap around the corners (Figure 3). The main entrance, located on the primary (south) façade, is accessible by two curved concrete steps. The entrance features a single, solid door below a curved roof awning (Figure 4). (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) (Figure 1) Primary (west) facade, view east, November 2023 *P6. Date Constructed/Age and Sources: historic 1938/ Original Building Permit *P7. Owner and Address: Paul Gulino and Julie Bidmead 2369 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: July 15, 2024 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list) DPR 523A (1/95) *Required information P5a. Photo City Council 23 – 59 10/1/2024 State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code_5S3_________________________ *Resource Name or #: R.S. McGuire House B1. Historic Name: R.S. McGuire House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Art Moderne *B6. Construction History: (Construction date, alterations, and date of alterations): August 22, 1938. Permit to construct a 6-room stucco residence and garage. $5,500. April 3, 1941. Extend garage by owner. $200. August 8, 1991. Remove workshop addition to garage. $200. August 30, 1991. Add bathroom, closet, laundry, and window in master bedroom french door in tv room, reroof. $20,200. September 13, 2019. Reroof with comp shingles. $8,500. January 10, 2024. Install solar panels. $10,000. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached garage B9a. Architect: Unknown b. Builder: Allison Honer (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1938 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The R.S. McGuire House is architecturally significant as an intact example of an Art Moderne style house in Santa Ana. The original building permit is dated August 22, 1938, and indicates it was built as a single-family residence and garage for owner- contractor Allison Honer for $5,500, who appears to have been affiliated with the property only during the time of the intial building permit. The original architect is unknown. City directories note that R.S. McGuire owned the property for at least 23 years, from 1939-1962. R.S. (Mac) McGuire worked for heating equipment company O'Keefe and Merritt and later was employed at Coffmans furniture-appliance store at 714 West 17th Street in Santa Ana (Santa Ana Register, March 7, 1946; Santa Ana Register, March 30, 1950). From circa 1965-1979, Douglas Geraldine occupied the building. In 1980, J Darlingfriz and Doug Friz are noted as building occupants. The 1985 Criss -Cross directories do not list the property owner. From circa 1986 to 2021, David Aeppli owned the subject property. City directories were not available from 1963-1964, 1966-1978, and 1984; directories from 1981-1983 and 1985 do not list the property owner or occupant. The present owners, Paul Gulino and Julie Bidmead, purchased the property in 2021. B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheets 3 and 4) B13. Remarks: None *B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: July 15, 2024 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) R.S. McGuire House 2369 N Flower Street City Council 23 – 60 10/1/2024 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 5_ Resource Name: «Name_of_Structure» *Recorded by Andrea Dumovich Heywood *Date July 15, 2024 Continuation  Update DPR 523L *P3a. Description (continued): Additional fenestration on the south (primary) façade includes a single two-over-two double-hung wood window. The side (north) façade contains one-over-one double-hung wood windows. The rear (east) façade has single and double partially glazed pedestrian doors with horizontal muntins dividing the doors into five lights. Additional fenestration at the rear façade includes a single double-hung wood window, as well as a glass block window with two steel-frame, multi-light fixed-and- casement windows located on the curved building projection (east addition) (Figures 5 and 6). The detached garage, located southeast of the primary residence, contains a side-gabled roof clad in asphalt shingles to match the residence (Figure 7). The paneled garage door at its primary (west) façade face s a long, paved driveway leading to North Flower Street. A single, solid pedestrian door is situated at the rear (east) façade. Additional architectural features include a vent at the gable end of the primary (south) façade, pronounced window sill trim throughout, smooth or curved building corners, and an Art Modern style metal door knocker on the main entrance door . The property is landscaped with a front lawn, small shrubs, and medium-sized trees. *B10. Significance (continued): The R.S. McGuire House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897 -1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Rus sell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival style s, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In 1937, Roy Rodney Russell, joined his father’s firm and by 1945 it was renamed as Roy Russell and Son. In the early post World War II years, Floral Park continued its deve lopment as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park mainta ins its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an i ntact example of an Art Moderne style home in Santa Ana. Located in Floral Park, the house cost $5,500 to build in 1938. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Art Moderne style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the R.S. McGuire House include, but may not be limited to: T-shaped plan; asymmetrical primary façades at the west and south; low-pitch hipped and gabled roof; minimal roof overhang and exposed rafter tails; smooth stucco siding with minimal texture throughout; stucco-clad chimney with exposed brick near the top; steel-frame multi-pane combination fixed-and-casement corner windows that wrap around building corners; building projections that are stepped back from the front (west) portion of the building; main entrance accessible by two curved concrete steps with a single, solid door and Art Moderne style metal door knocker that is situated below a curved roof awning; double-hung wood windows; pronounced window sill trim throughout; vent at the gable end; smooth or curved building corners; detached garage; and front yard lawn with landscaping including mature trees and shrubs. *B12. References (continued): Ancestry.com. California, Death Index, 1938-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register City Council 23 – 61 10/1/2024 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 5_ Resource Name: «Name_of_Structure» *Recorded by Andrea Dumovich Heywood *Date July 15, 2024 Continuation  Update DPR 523L Newspapers.com (Santa Ana Register, The Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1938-2008. City Council 23 – 62 10/1/2024 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 5_ of 5_ Resource Name: «Name_of_Structure» *Recorded by Andrea Dumovich Heywood *Date July 15, 2024 Continuation  Update DPR 523L Additional Figures: Figure 2. At the primary (west) façade, a steel-frame, multi-pane, combination fixed-and-casement corner window that wrap around the north building corner, facing southeast. Figure 3. The primary (south) façade showing two stepped back building projections with steel-frame windows, facing north. Figure 4. The main entrance, located on the primary (south) façade, is accessible by two curved concrete steps and features a solid door below a curved roof awning, facing north. Figure 5. A glass block window at the rear (east) façade is located on the rear addition, facing north. Figure 6. A steel-frame, multi-light fixed-and-casement window located on the curved building projection (east addition), facing northwest. Figure 7. The detached garage, located southeast of the primary residence, contains a side-gabled roof clad in asphalt shingles to match the residence, facing east. City Council 23 – 63 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated b y historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 23 – 64 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 23 – 65 10/1/2024 Exhibit D: Proposed Structure Improvements (“Work Plan”) 2369 North Flower Street Item Year Improvement 1 2025 Repaint trim as needed. 2 2026 Remove non-compatible gutters. If replacing, install historically-compatible gutters. 3 2027 Replace rear yard side door with period-appropriate door . 4 2028 Inspect and repair all original wood and steel-frame windows, window panes, and window trim as needed. 5 2029 Replace main entrance doorknob and exterior light with period-appropriate doorknob and light. Note: The doorknocker shall not be removed as it is a character defining feature. City Council 23 – 66 10/1/2024 Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report July 15, 2024 – Special Meeting Topic: HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 – R.S. McGuire House (2369 North Flower Street) RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2023-29 and Historic Register Categorization No. 2024-03 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Paul Gulino and Julie Bidmead, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Paul Gulino and Julie Bidmead are requesting approval to designate an existing Art Moderne style residence located at 2369 North Flower Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The property qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne Style house. It is worthy of “Key” categorization because it has a distinctive architectural style and quality reflective of the Art Moderne style, including its smooth stucco wall surface, asymmetrical façade, and windows located on building corners, among other features. DISCUSSION Project Location and Site Description The subject property is located on the east side of North Flower Street in the Floral Park neighborhood in Santa Ana. The site contains a 1,805-square-foot, Art Moderne style residence and detached garage, on a 6,960-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing City Council 23 – 67 10/1/2024 HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 – R.S. McGuire House (2369 North Flower Street) July 15, 2024 Page 2 4 3 5 5 In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 86 years old and is a sound example of period architecture. No known code violations exist on record for this property. The R.S. McGuire House is architecturally significant as an intact example of an Art Moderne style house in Santa Ana. The original building permit is dated August 22, 1938, and indicates it was built as a single-family residence and garage for owner-contractor Allison Honer for $5,500, who appears to have been affiliated with the property only during the time of the initial building permit. The original architect is unknown. City directories note that R.S. McGuire owned the property for at least 23 years, from 1939-1962. R.S. (Mac) McGuire worked for heating equipment company O'Keefe and Merritt and later was employed at Coffmans furniture-appliance store at 714 West 17th Street in Santa Ana (Santa Ana Register, March 7, 1946; Santa Ana Register, March 30, 1950). From circa 1965-1979, Douglas Geraldine occupied the building. In 1980, J Darlingfriz and Doug Friz are noted as building occupants. The 1985 Criss-Cross directories do not list the property owner. From circa 1986 to 2021, David Aeppli owned the subject property. City directories were not available from 1963-1964, 1966-1978, and 1984; directories from 1981-1983 and 1985 do not list the property owner or occupant. The present owners, Paul Gulino and Julie Bidmead, purchased the property in 2021. The R.S. McGuire House is a one story, single-family, Art Moderne style residence and detached garage located on a small parcel in the Floral Park neighborhood. The asymmetrical residence exhibits a T-shaped plan with two primary facades facing west and south respectively. Its low-pitch hipped and gabled roof is clad in asphalt shingles with minimal overhanging eaves and exposed rafter tails. A rear addition that was added to the east façade in 1991 has curved walls and is capped with a curved roofline in asphalt shingles to match existing. The exterior of the house is clad in smooth stucco with minimal texture throughout. The primary (west) façade features a stucco-clad chimney with the upper portion clad in exposed brick. The chimney is flanked by two steel-frame, multi- pane, combination fixed-and-casement corner windows that wrap around both the north and south building corners. The primary façades feature two building projections that are City Council 23 – 68 10/1/2024 HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 – R.S. McGuire House (2369 North Flower Street) July 15, 2024 Page 3 4 3 5 5 stepped back from the front of the building. Both projections contain similar steel-frame windows that wrap around the corners. The main entrance, located on the primary (south) façade, is accessible by two curved concrete steps. The entrance features a single, solid door below a curved roof awning. Additional fenestration on the south (primary) façade includes a single two-over-two double-hung wood window. The side (north) façade contains one-over-one double-hung wood windows. The rear (east) façade has single and double partially glazed pedestrian doors with horizontal muntins dividing the doors into five lights. Additional fenestration at the rear façade includes a single double-hung wood window, as well as a glass block window with two steel-frame, multi-light fixed-and-casement windows located on the curved building projection (east addition). The detached garage, located southeast of the primary residence, contains a side-gabled roof clad in asphalt shingles to match the residence. The paneled garage door at its primary (west) façade faces a long, paved driveway leading to North Flower Street. A single, solid pedestrian door is situated at the rear (east) façade. Additional architectural features include a vent at the gable end of the primary (south) façade, pronounced window sill trim throughout, smooth or curved building corners, and an Art Modern style metal door knocker on the main entrance door. The property is landscaped with a front lawn, small shrubs, and medium-sized trees. Character-defining features of the R.S. McGuire House include, but may not be limited to: T-shaped plan; asymmetrical primary façades at the west and south; low-pitch hipped and gabled roof; minimal roof overhang and exposed rafter tails; smooth stucco siding with minimal texture throughout; stucco-clad chimney with exposed brick near the top; steel-frame multi-pane combination fixed-and-casement corner windows that wrap around building corners; building projections that are stepped back from the front (west) portion of the building; main entrance accessible by two curved concrete steps with a single, solid door and Art Moderne style metal door knocker that is situated below a curved roof awning; double-hung wood windows; pronounced window sill trim throughout; vent at the gable end; smooth or curved building corners; detached garage; and front yard lawn with landscaping including mature trees and shrubs. The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Art Moderne style. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act City Council 23 – 69 10/1/2024 HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 – R.S. McGuire House (2369 North Flower Street) July 15, 2024 Page 4 4 3 5 5 agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: •Long term preservation of the property and visual improvement to the neighborhood •A mechanism to provide for property rehabilitation •Incentives for potential buyers to purchase historic structures •Discouraging inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement subject to a completion of future improvements as described in an attached Work Plan. Overall, future improvements (Work Plan) proposed by the homeowner during the initial ten years of the Mills Act Agreement include the following: repair trim as needed. Staff also proposes the following improvements: remove non-compatible gutters; replace rear yard side door with period-appropriate door; inspect and repair all original wood and steel- frame windows, window panes, and window trim as needed; and replace main entrance doorknob and exterior light with period-appropriate doorknob and light. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character- defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act. Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. City Council 23 – 70 10/1/2024 HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 – R.S. McGuire House (2369 North Flower Street) July 15, 2024 Page 5 4 3 5 5 In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-16 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $675.77 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency City Council 23 – 71 10/1/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 1 of 7 RESOLUTION NO. 2024-XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2023-29 TO PLACE THE PROPERTY LOCATED AT 2369 NORTH FLOWER STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2024-03 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On July 15, 2024, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2023-29) and categorization (Historic Resources Commission Categorization No. 2024- 03) of the R.S. McGuire House located at 2369 North Flower Street, Santa Ana. B. The R.S. McGuire House has distinctive architectural features of the Art Moderne style and was built in 1938. C. The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. The house displays characteristics of the Art Moderne style through its use of smooth stucco wall surface, asymmetrical façade, and windows located on building cor ners; among other original features. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Art Moderne style (Santa Ana Municipal Code, Section 30-2.2). Character- defining features of the R.S. McGuire House include, but may not be limited to: T-shaped plan; asymmetrical primary façades at the west and south; low-pitch hipped and gabled roof; minimal roof overhang and exposed rafter tails; smooth stucco siding with minimal texture throughout; stucco-clad chimney with exposed brick near the top; steel-frame multi-pane combination fixed-and-casement corner windows that wrap around building corners; building projections that are stepped back from the front (we st) portion of the building; main entrance accessible by two curved concrete steps with a single, solid door and Art Moderne style metal door knocker that is situated below a curved roof awning; double-hung wood windows; pronounced window sill trim throughout; vent at the gable end; smooth or City Council 23 – 72 10/1/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 2 of 7 curved building corners; detached garage; and front yard lawn with landscaping including mature trees and shrubs. D. The legal owners of the property are Paul J. Gulino and Julie M. Bidmead, as Co-trustees of the Gulino / Bidmead Family Trust, U/A Dated April 30, 2019. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimum standards for placement in the Contributive category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. H. In addition to meeting the standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement Work Plan, to restoration of select elements described therein within the first five years of the Agreement’s term, including removing the non-compatible gutters, replacing the rear side yard door with a period-appropriate door, and replacing the main entrance doorknob and exterior light with period - appropriate materials. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2024-16 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2023-29 to place the R.S. McGuire House located at 2369 North Flower Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2024-03 placing the R.S. McGuire House located at 2369 North Flower Street, Santa Ana, 92706 within the Key category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto , the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources City Council 23 – 73 10/1/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 3 of 7 Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 15th day of July, 2024. __________________________ Tim Rush Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Brandon Salvatierra Deputy City Attorney AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ City Council 23 – 74 10/1/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 4 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2024-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on July 15, 2024. Date: ________________ ____________________________________ Nuvia Ocampo Commission Secretary City of Santa Ana City Council 23 – 75 10/1/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 5 of 7 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-072-13 2369 North Flower Street THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH 10 ACRES OF LOT 4 OF POTTS, BORDEN AND SIDEWELL TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 PAGE 624 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH 10 ACRES, THENCE SOUTH 179.80 FEET ALONG THE WEST LINE OF SAID LOT 4 TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF THE LAND CONVEYED TO ALFRED F. MOULTON AND EDITH W. MOULTON, BY DEED RECORDED AUGUST 5, 1938 IN BOOK 945 PAGE 582, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, THENCE SOUTH 58.00 FEET ALONG SAID WEST LINE; Paul J. Gulino and Julie M. Bidmead City Council 23 – 76 10/1/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 6 of 7 THENCE EAST 160.00 FEET PARALLEL WITH THE NORTH LINE OF SAID SOUTH 10 ACRES; THENCE NORTH 58.00 FEET PARALLEL WITH THE SAID WEST LINE TO THE SOUTHEAST CORNER OF SAID LAND CONVEYED TO MOULTON AND WIFE; THENCE WEST 160.00 FEET TO THE TRUE POINT OF BEGINNING. City Council 23 – 77 10/1/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 7 of 7 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2023-29 and Historic Resources Commission Categorization No. 2024-03 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: 1. Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2369 North Flower Street, historically known as the R.S. McGuire House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. City Council 23 – 78 10/1/2024 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 _________________________________________________________________________ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Paul J. Gulino and Julie M. Bidmead, as Co-trustees of the Gulino / Bidmead Family Trust, U/A Dated April 30, 2019 (hereinafter collectively referred to as “Owner”), owner of real property located at 2369 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2369 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.” C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 23 – 79 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 2 - E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 18, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, City Council 23 – 80 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 3 - textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements.” Repainting exterior trim; removing non-compatible gutters; replacing rear yard side door with period-appropriate door; inspecting and repairing all original wood and steel-frame windows, window panes, and window trim as needed; and replacing the main entrance doorknob and exterior light with period-appropriate pieces, with all other work items completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list. City Council 23 – 81 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 4 - 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. City Council 23 – 82 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 5 - b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2369 North Flower Street, Assessor Parcel Number, 002-072-13, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk City Council 23 – 83 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 6 - Owners: Paul Gulino and Julie Bidmead 2369 North Flower Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. City Council 23 – 84 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 7 - 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 23 – 85 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 8 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL ALVARO NUÑEZ City Clerk Acting City Manager OWNERS Date: ___________________ By:__________________ PAUL GULINO Date: ___________________ By:__________________ JULIE BIDMEAD APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency City Council 23 – 86 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 9 - EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH 10 ACRES OF LOT 4 OF POTTS, BORDEN AND SIDEWELL TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 PAGE 624 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH 10 ACRES, THENCE SOUTH 179.80 FEET ALONG THE WEST LINE OF SAID LOT 4 TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF THE LAND CONVEYED TO ALFRED F. MOULTON AND EDITH W. MOULTON, BY DEED RECORDED AUGUST 5, 1938 IN BOOK 945 PAGE 582, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, THENCE SOUTH 58.00 FEET ALONG SAID WEST LINE; THENCE EAST 160.00 FEET PARALLEL WITH THE NORTH LINE OF SAID SOUTH 10 ACRES; THENCE NORTH 58.00 FEET PARALLEL WITH THE SAID WEST LINE TO THE SOUTHEAST CORNER OF SAID LAND CONVEYED TO MOULTON AND WIFE; THENCE WEST 160.00 FEET TO THE TRUE POINT OF BEGINNING. Assessor’s Parcel Number: 002-072-13 City Council 23 – 87 10/1/2024 2 1 4 7 9 EXECUTIVE SUMMARY R.S. McGuire House 2369 North Flower Street Santa Ana, CA 92706 NAME R.S. McGuire House REF. NO. ADDRESS 2369 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1938 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Art Moderne The Moderne style encompassed the Modernistic, Streamline Moderne, and Art Moderne variants. An evolution of the Art Deco style, the Streamline Moderne flourished during the 1930s and lingered through the decade following World War II in a simplified version. In contrast to the verticality of earlier Art Deco designs, the Streamline Moderne and Art Moderne substyles emphasized the horizontal, through bands of windows, use of decorative raised or incised horizontal lines, railings, flat canopies with banded fascia, and narrow coping at the roofline. Other characteristics include smooth wall surfaces, usually of stucco; metal detailing; glass block or metal multi-light casement windows; rounded corners, porthole windows, and asymmetry. Incorporation of aerodynamic, transportation related imagery, especially nautical, is a signature of the style. In common with the Streamline Moderne, Art Moderne buildings also tended to be horizontal in emphasis, but tended to be more clean-lined and rectilinear in their massing and detailing than their streamlined counterparts. Art Moderne designs can be recognized by their flat roofs, smooth stucco exteriors, and use of metal casement windows that often meet at the corners of the building. SUMMARY/CONCLUSION: The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Art Moderne style. (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES:  California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3:It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.  It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3:Appears to be individually eligible for local listing or designation through survey evaluation. City Council 23 – 88 10/1/2024 State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________Reviewer________________________Date_______________ Page _1_ of _5_ Resource name(s) or number (assigned by recorder) R.S. McGuire House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 2369 North Flower Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-072-13 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The R.S. McGuire House is a one story, single-family, Art Moderne style residence and detached garage located on a small parcel in the Floral Park neighborhood (Figure 1). The asymmetrical residence exhibits a T-shaped plan with two primary facades facing west and south respectively. Its low-pitch hipped and gabled roof is clad in asphalt shingles with minimal overhanging eaves and exposed rafter tails. A rear addition that was added to the east façade in 1991 has curved walls and is capped with a curved roofline in asphalt shingles to match existing. The exterior of the house is clad in smooth stucco with minimal texture throughout. The primary (west) façade features a stucco-clad chimney with the upper portion clad in exposed brick. The chimney is flanked by two steel-frame, multi-pane, combination fixed-and-casement corner windows that wrap around both the north and south building corners (Figure 2). The primary façades feature two building projections that are stepped back from the front of the building. Both projections contain similar steel-frame windows that wrap around the corners (Figure 3). The main entrance, located on the primary (south) façade, is accessible by two curved concrete steps. The entrance features a single, solid door below a curved roof awning (Figure 4). (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) (Figure 1) Primary (west) facade, view east, November 2023 *P6. Date Constructed/Age and Sources: historic 1938/ Original Building Permit *P7. Owner and Address: Paul Gulino and Julie Bidmead 2369 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: July 15, 2024 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list) DPR 523A (1/95)*Required information P5a. Photo City Council 23 – 89 10/1/2024 State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code_5S3_________________________ *Resource Name or #: R.S. McGuire House B1. Historic Name: R.S. McGuire House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Art Moderne *B6. Construction History: (Construction date, alterations, and date of alterations): August 22, 1938. Permit to construct a 6-room stucco residence and garage. $5,500. April 3, 1941. Extend garage by owner. $200. August 8, 1991. Remove workshop addition to garage. $200. August 30, 1991. Add bathroom, closet, laundry, and window in master bedroom french door in tv room, reroof. $20,200. September 13, 2019. Reroof with comp shingles. $8,500. January 10, 2024. Install solar panels. $10,000. *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: Detached garage B9a. Architect: Unknown b. Builder: Allison Honer (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1938 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The R.S. McGuire House is architecturally significant as an intact example of an Art Moderne style house in Santa Ana. The original building permit is dated August 22, 1938, and indicates it was built as a single-family residence and garage for owner- contractor Allison Honer for $5,500, who appears to have been affiliated with the property only during the time of the intial building permit. The original architect is unknown. City directories note that R.S. McGuire owned the property for at least 23 years, from 1939-1962. R.S. (Mac) McGuire worked for heating equipment company O'Keefe and Merritt and later was employed at Coffmans furniture-appliance store at 714 West 17th Street in Santa Ana (Santa Ana Register, March 7, 1946; Santa Ana Register, March 30, 1950). From circa 1965-1979, Douglas Geraldine occupied the building. In 1980, J Darlingfriz and Doug Friz are noted as building occupants. The 1985 Criss-Cross directories do not list the property owner. From circa 1986 to 2021, David Aeppli owned the subject property. City directories were not available from 1963-1964, 1966-1978, and 1984; directories from 1981-1983 and 1985 do not list the property owner or occupant. The present owners, Paul Gulino and Julie Bidmead, purchased the property in 2021. B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheets 3 and 4) B13. Remarks: None *B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: July 15, 2024 DPR 523B (1/95)*Required information Sketch Map (This space reserved for official comments.)NR.S. McGuire House 2369 N Flower Street City Council 23 – 90 10/1/2024 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 5_Resource Name: R.S. McGuire House *Recorded by Andrea Dumovich Heywood *Date July 15, 2024 Continuation  Update DPR 523L *P3a. Description (continued): Additional fenestration on the south (primary) façade includes a single two-over-two double-hung wood window. The side (north) façade contains one-over-one double-hung wood windows. The rear (east) façade has single and double partially glazed pedestrian doors with horizontal muntins dividing the doors into five lights. Additional fenestration at the rear façade includes a single double-hung wood window, as well as a glass block window with two steel-frame, multi-light fixed-and- casement windows located on the curved building projection (east addition) (Figures 5 and 6). The detached garage, located southeast of the primary residence, contains a side-gabled roof clad in asphalt shingles to match the residence (Figure 7). The paneled garage door at its primary (west) façade faces a long, paved driveway leading to North Flower Street. A single, solid pedestrian door is situated at the rear (east) façade. Additional architectural features include a vent at the gable end of the primary (south) façade, pronounced window sill trim throughout, smooth or curved building corners, and an Art Modern style metal door knocker on the main entrance door. The property is landscaped with a front lawn, small shrubs, and medium-sized trees. *B10. Significance (continued): The R.S. McGuire House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In 1937, Roy Rodney Russell, joined his father’s firm and by 1945 it was renamed as Roy Russell and Son. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. Located in Floral Park, the house cost $5,500 to build in 1938. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Art Moderne style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the R.S. McGuire House include, but may not be limited to: T-shaped plan; asymmetrical primary façades at the west and south; low-pitch hipped and gabled roof; minimal roof overhang and exposed rafter tails; smooth stucco siding with minimal texture throughout; stucco-clad chimney with exposed brick near the top; steel-frame multi-pane combination fixed-and-casement corner windows that wrap around building corners; building projections that are stepped back from the front (west) portion of the building; main entrance accessible by two curved concrete steps with a single, solid door and Art Moderne style metal door knocker that is situated below a curved roof awning; double-hung wood windows; pronounced window sill trim throughout; vent at the gable end; smooth or curved building corners; detached garage; and front yard lawn with landscaping including mature trees and shrubs. *B12. References (continued): Ancestry.com. California, Death Index, 1938-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register City Council 23 – 91 10/1/2024 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 5_Resource Name: R.S. McGuire House *Recorded by Andrea Dumovich Heywood *Date July 15, 2024 Continuation  Update DPR 523L Newspapers.com (Santa Ana Register, The Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1938-2008. City Council 23 – 92 10/1/2024 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 5_ of 5_Resource Name: R.S. McGuire House *Recorded by Andrea Dumovich Heywood *Date July 15, 2024 Continuation  Update DPR 523L Additional Figures: Figure 2. At the primary (west) façade, a steel-frame, multi-pane, combination fixed-and-casement corner window that wrap around the north building corner, facing southeast. Figure 3. The primary (south) façade showing two stepped back building projections with steel-frame windows, facing north. Figure 4. The main entrance, located on the primary (south) façade, is accessible by two curved concrete steps and features a solid door below a curved roof awning, facing north. Figure 5. A glass block window at the rear (east) façade is located on the rear addition, facing north. Figure 6. A steel-frame, multi-light fixed-and-casement window located on the curved building projection (east addition), facing northwest. Figure 7. The detached garage, located southeast of the primary residence, contains a side-gabled roof clad in asphalt shingles to match the residence, facing east. City Council 23 – 93 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 23 – 94 10/1/2024 MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 23 – 95 10/1/2024 2 2 3 7 7 Exhibit D: Proposed Structure Improvements (“Work Plan”) 2369 North Flower Street Item Year Improvement 1 2025 Repaint trim as needed. 2 2026 Remove non-compatible gutters. If replacing, install historically-compatible gutters. 3 2027 Replace rear yard side door with period-appropriate door . 4 2028 Inspect and repair all original wood and steel-frame windows, window panes, and window trim as needed. 5 2029 Replace main entrance doorknob and exterior light with period-appropriate doorknob and light. Note: The doorknocker shall not be removed as it is a character defining feature. City Council 23 – 96 10/1/2024 This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 (714) 543-2027 (714) 542-6841 OR 3828758 NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGEN 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA - 92702 GPN - GOVT PUBLIC NOTICE 2369 N Flower St I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 07/05/2024 07/05/2024 ORANGE !A000006810481! Email NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision- making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location:2369 North Flower Street located within the Single Family Residential (R1) zoning district Project Applicant:Paul J. Gulino & Julie M. Bidmead (Property Owners) Project Description:Applicants are requesting approval of Historic Resources Commission Application No. 2023-29, Historic Register Categorization No. 2024-03, and Historic Property Preservation Agreement No. 2024-05 to allow the placement and categorization in the Santa Ana Register of Historical Properties as “Key” for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact:Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER- 2024-16 will be filed for this project. Meeting Details:This matter will be heard on Monday, July 15, 2024, at 4:30 p.m.in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom.For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting- participation. Written Comments:If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.Deadline to submit written comments is 3:30 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or 714-667-2790. Note:If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo al (714) 667- 2732. N u c n liên l c b ng ti ng Vi t, xin i n tho i cho Tony Lai s (714) 565- 2627. 7/5/24 OR-3828758# City Council 23 – 97 10/1/2024 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 2369 North Flower Street located within the Single Family Residential (R1) zoning district Project Applicant: Paul J. Gulino & Julie M. Bidmead (Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application No. 2023-29, Historic Register Categorization No. 2024-03, and Historic Property Preservation Agreement No. 2024-05 to allow the placement and categorization in the Santa Ana Register of Historical Properties as “Key” for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2024-16 will be filed for this project. Meeting Details: This matter will be heard on Monday, July 15, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa-ana.org or 714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. City Council 23 – 98 10/1/2024 Si tiene preguntas en español, favor de llamar a Nuvia Ocampo al (714) 667-2732. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. City Council 23 – 99 10/1/2024 City Council 23 – 100 10/1/2024 City Council 23 – 101 10/1/2024 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 _________________________________________________________________________ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Kevin Kajikawa, a single man and Jonathan Melendez, a married man as his sole and separate property, as joint tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 424 South Broadway, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 424 South Broadway, Santa Ana, CA, 92701 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.” C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 23 – 102 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 2 - E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 2, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 23 – 103 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 3 - b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” and the City Council Historic Property Preservation Agreement (HPPA No. 2024-06) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the City Council 23 – 104 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 4 - Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or othe r natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may b e appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. City Council 23 – 105 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 5 - 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 424 South Broadway, Assessor Parcel Number, 398-292-17, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office Owners: Kevin Kajikawa and Jonathan Melendez 424 South Broadway Santa Ana, CA 92701 City Council 23 – 106 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 6 - 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the Cit y and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplie d, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or p arties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. City Council 23 – 107 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 7 - 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 23 – 108 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 -8 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL ALVARO NUÑEZ City Clerk City Manager OWNERS Date: ______________________ By:_________________________ KEVIN KAJIKAWA Date: ______________________ By:_________________________ JONATHAN MELENDEZ APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency City Council 23 – 109 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 9 - EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT FOUR (4) IN BLOCK “A”, OF HENINGER’S ADDITION TO THE CITY OF SANTA ANA, AS PER MAP RECORDED IN BOOK 5, PAGES 5 AND 6, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 398-282-17 City Council 23 – 110 10/1/2024 EXECUTIVE SUMMARY COSELMAN-MOTLEY HOUSE 424 South Broadway Santa Ana, CA 92701 NAME Coselman-Motley House REF. NO. ADDRESS 424 South Broadway CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1911 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Heninger Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Coselman-Motley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a beautifully detailed and highly intact bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of Craftsman styling (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: x California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. Exhibit B City Council 23 – 111 10/1/2024 State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Coselman-Motley House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad Tustin TCA 2555 Date: *c. Address 424 South Broadway City Santa Ana Zip 92701 *e. Other Locational Data: Assessor’s Parcel Number: 398-292-17; HENINGERS ADD BLOCK: A LOT: 4 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one and a half story Craftsman bungalow presents a symmetrical façade to the street. A side gable roof, whose front (east) rake is longer than the rear, caps the dwelling and is accented by a centered, front-gabled dormer. Arrow-tipped bargeboards, exposed rafters, carved beams, and pendants topped by finials constitute the roof and dormer detailing. The dormer contains a large, tripartite window with a diamond-paned central transom, set below a lattice-work vent and a band of purlins. Narrow clapboard sheathes the house. Spanning the lower story façade, the recessed porch is divided into three bays by tapered posts resting on art stone pedestals. A jig-sawn railing connects the pedestals and encloses the porch space. The entry, flanked by sidelights, occupies the narrower central bay, while large tripartite windows with elaborate leaded glass transoms are located in the side bays. A one-story, shed-roofed projection is recessed on the south elevation and contains a secondary entry. With the exception of a non-original but compatible picket fence that surrounds the property, the house appears unaltered from the street. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) East elevation March 2004 *P6. Date Constructed/Age and Sources: historic 1911/Source: Les, 1979. *P7. Owner and Address: Ruth L. Motley 424 South Broadway Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: March 22, 2004 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) Les, Kathleen. “200, 300, 400, 500 South Broadway.” Historic Resources Inventory, September 1979. *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list) DPR 523A (1/95) *Required information P5a. Photo City Council 23 – 112 10/1/2024 State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code_5S1_________________________ *Resource Name or #: Coselman-Motley House B1. Historic Name: Coselman-Motley House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Bungalow/Craftsman *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1911. October 22, 1926. Alterations. September 14, 1929. Alterations. October 21, 1943. Reroof. *B7. Moved? No Yes Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: NR: B,C; CR: 2,3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Coselman-Motley House is architecturally significant as a fine example of Craftsman styling that retains a very high degree of integrity. According to previous research, it was constructed in 1911 and originally owned by Erastus and Mary Coselman, who came to Santa Ana from Kansas to retire. The second owner, Dr. E. G. Motley, had acquired the house by 1926, when he applied for a permit to make alterations with an estimated value of $200. A surgeon, Dr. Motley had an office in the Spurgeon Building. His son, a fire captain with the City of Santa Ana, inherited the house in 1975, and the family is still in residence today (2004). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: March 22, 2004 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Coselman House 424 South Broadway City Council 23 – 113 10/1/2024 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name or # (Assigned by recorder) Coselman-Motley House *Recorded by Leslie J. Heumann, SAIC *Date March 22, 2004 _ Continuation Update DPR 523L *B10. Significance (continued): The Coselman-Motley House is located in Heninger Park, a residential neighborhood that developed south of the original city core, primarily between 1910 and 1930. Generally bounded by West First Street on the north, West McFadden Avenue (originally Fairview Avenue) on the south, South Sycamore Street on the east, and South Flower Street on the west, the neighborhood had a few homes, mostly located in the northern half, when the area was partially mapped in 1895 by the Sanborn Company. Most of the land was agricultural in use. The City utilized the southwest corner of West First and South Garnsey (then called Palm) for the municipal water works, and the City stables were located on the northwest corner of Palm and West Walnut. Brothers H. B. and Martin Heninger were responsible for developing and platting the tract following their purchase of thirty- four acres of what was known as the Palmer Tract in 1907. The Heningers planted trees, put in sidewalks and curbs, and paved the streets on what had been a barley field. Later they bought additional tracts of ten and eighteen acres which they also platted and improved. These properties were known as Heninger Additions Numbers 1, 2, 3, and 4. In 1921, Orange County historian Samuel Armor described the Heninger tracts as “… the finest residence section of the city, built up with fine homes…,” adding, “ Mr. [Martin] Heninger and his brother have erected 150 houses on the property” (Armor, p. 1777). The major landmark of the neighborhood was Santa Ana Polytechnic High School, which occupied a campus that stretched from West Walnut to West Camille between South Ross and South Parton Streets. The majority of homes in the area showcase the Craftsman and Colonial Revival styles, and, to a lesser extent, the other revival styles of the 1920s. Homes range in size from one to two stories and are unified by common setbacks, the repetition of gabled rooflines and front porches, the use of similar materials, and on some blocks, by the canopy of street trees. Portions of South Birch Street and South Broadway, in particular, present intact Craftsman streetscapes. After replacement of some of the earlier homes with high density apartments in the 1970s and 1980s, the City of Santa Ana recognized the integrity of the Heninger Park neighborhood in 1986, by creating a Specific Development (SD) zoning district intended to preserve its historic character, the second such SD in the City. (French Park was the first.) The Coselman-Motley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a beautifully detailed and highly intact bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of Craftsman styling. The roof detailing, porch treatment, and generous use of leaded glass are among the elements that make this home noteworthy. Character-defining exterior features of the Coselman-Motley House that should be preserved include, but may not be limited to: sheathing (clapboard) and materials (art stone); roof configuration and detailing; massing and symmetry; windows and doors; porch configuration and detailing; and architectural details (such as the bargeboards, finials and pendants, purlins, transoms, and porch supports). *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1901-1935. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Personal Communication, Mrs. Ruth Motley to Lynette Perry, March 24, 2004. City Council 23 – 114 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated b y historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 23 – 115 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 23 – 116 10/1/2024 Exhibit D: Proposed Structure Improvements (“Work Plan”) 424 South Broadway Item Year Improvement 1 2024 Exterior paint; traditional Craftsman colors 2 2024 Repair all original windows to be fully functional as needed through the following: replace worn/broken window pull ropes, replace broken window panes, repair exterior wood rot, and weatherproof windows. 3 2024 New front yard landscaping and walkways in era-appropriate style 4 2024 Install rain gutters in appropriate style/material 5 2024 Install yard drainage to move rain away from foundation 6 2025 Repair siding 7 2026 Repair cracks in foundation 8 2026 Seismic retrofit of foundation, brace and bolt 9 2027 Update electrical systems throughout 10 2027 Update plumbing system throughout 11 2028 Reroof with synthetic cedar shakes in keeping with traditional Craftsman style 12 2032 Termite tenting as preventative maintenance 13 2033 Sister existing original foundation walls (with a new wall that is located on the interior of the building adjacent to the original exterior wall) to preserve the building’s structural integrity. City Council 23 – 117 10/1/2024 Planning and Building Agency Item # c City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report July 15, 2024 – Special Meeting Topic: HPPA No. 2024-06 – The Coselman-Motley House (424 South Broadway) RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with Kevin Kajikawa and Jonathan Melendez for the property located at 424 South Broadway, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Kevin Kajikawa and Jonathan Melendez are requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 424 South Broadway that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Coselman-Motley House, consists of an existing one- and-a-half story Craftsman bungalow style residence that is approximately 2,561 square feet in size on a 7,066-square-foot residential lot (Exhibit 2). The Coselman-Motley House was added to the Santa Ana Register of Historical Properties (“Register”) in 2004, categorized as “Key.” Analysis of the Issues Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements, for eligible properties. The property is listed on the Register and categorized as Key, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement City Council 23 – 118 10/1/2024 HPPA No. 2024-06 – The Coselman House (424 South Broadway) July 15, 2024 Page 2 4 3 5 2 generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: •Long term preservation of the property and visual improvement to the neighborhood •Allows for a mechanism to provide for property rehabilitation •Provides additional incentive for potential buyers to purchase historic structures •Discourages inappropriate alterations to the property In 2004, the Historic Resources Commission placed the Coselman-Motley House on the Register and within the “Key” category for its distinctive architectural style and quality as an example of Craftsman styling. Character-defining exterior features of the Cooper House that should be preserved include, but may not be limited to: sheathing (clapboard) and materials (art stone); roof configuration and detailing; massing and symmetry; windows and doors; porch configuration and detailing; and architectural details (such as the bargeboards, finials and pendants, purlins, transoms, and porch supports). In 2024, a residential alteration application was approved by the Planning staff for the following modifications addressing a notice of violation: rebuild front entrance and south entrance porch steps in wood material, and rebuild six (6) new concrete piers to match existing with four (4) at the primary entrance and two (2) at the south side entrance. The application also included a new side yard fence at the north and south property lines. All exterior modifications were consistent with the Secretary of Interior Standards for Rehabilitation. It was noted during the 2024 site visit that all aforementioned items were implemented to staff’s satisfaction at the subject property. Additional future improvements proposed by the homeowners during the initial ten years of the Mills Act Agreement include exterior painting, repair all original windows to be fully functional, install front yard fence, landscape improvements, front door replacement with period-appropriate style, rain gutter installation, siding and foundation repairs, seismic retrofit, electrical and plumbing upgrades, reroof, and termite work. Specifically, some windows are currently in poor condition and will be repaired with new window pull ropes and window panes, as well as exterior wood rot repair and weatherproofing, to become fully functional. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. City Council 23 – 119 10/1/2024 HPPA No. 2024-06 – The Coselman House (424 South Broadway) July 15, 2024 Page 3 4 3 5 2 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-18, will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,005.08 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500’ Radius Map 3 - Site Photos – 424 South Broadway 4 - Action Minutes HRC (424 South Broadway) Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency City Council 23 – 120 10/1/2024 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 _________________________________________________________________________ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Kevin Kajikawa, a single man and Jonathan Melendez, a married man as his sole and separate property, as joint tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 424 South Broadway, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 424 South Broadway, Santa Ana, CA, 92701 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.” C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 23 – 121 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 2 - E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 18, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mas s, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 23 – 122 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 3 - b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” and the City Council Historic Property Preservation Agreement (HPPA No. 2024-06) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the City Council 23 – 123 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 4 - Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or o ther natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as ma y be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. City Council 23 – 124 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 5 - 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 424 South Broadway, Assessor Parcel Number, 398-292-17, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office Owners: Kevin Kajikawa and Jonathan Melendez 424 South Broadway Santa Ana, CA 92701 City Council 23 – 125 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 6 - 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. City Council 23 – 126 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 7 - 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 23 – 127 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 8 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL ALVARO NUÑEZ City Clerk Acting City Manager OWNERS Date: ______________________ By:_________________________ KEVIN KAJIKAWA Date: ______________________ By:_________________________ JONATHAN MELENDEZ APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency City Council 23 – 128 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 9 - EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT FOUR (4) IN BLOCK “A”, OF HENINGER’S ADDITION TO THE CITY OF SANTA ANA, AS PER MAP RECORDED IN BOOK 5, PAGES 5 AND 6, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 398-282-17 City Council 23 – 129 10/1/2024 1 9 9 9 9 SITE HPPA-2024-06 424 SOUTH BROADWAY COSELMAN-MOTLEY HOUSE P L A N N I N G AND B U I L D I N G A G E N C Y 500’ RADIUS EXHIBIT 2 City Council 23 – 130 10/1/2024 HPPA-2024-06 The Coselman-Motley House 424 South Broadway SITE PHOTOS EXHIBIT 3 City Council 23 – 131 10/1/2024 ACTION MINUTES OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA May 6, 2004 CALLED TO ORDER 4:39 P.M. City Hall Ross Annex First Floor Conference Room 1600 20 Civic Center Plaza, Santa Ana, California ATTENDANCE: COMMISSIONERS PRESENT: Paul Giles, Chairman Phillip Schaefer, Vice Chairman Carlos Bustamante Philip Chinn Rita Corpin James Gartner Rose Anne Kings Tom Lutz Blair O'Callaghan STAFF PRESENT: Jay Trevino, Planning Manager Kylee Otto, Deputy City Attorney Hally Soboleske, Assistant Planner ll Martha Ramirez, Recording Secretary CONSENT CALENDAR A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of April 1, 2004. B. COMMISSION SECRETARY REPORT RECOMMENDATION: Instruct the Commission Secretary to enter into the minutes that pursuant to the Brown Act and the Maddy Act, the April 1, 2004 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on March 29, 2004 at 8:28 a. m. Motion: Approve the staff recommendations on the Consent Calendar. MOTION: O'Callaghan SECOND: Schaefer AYES: Bustamante, Chinn, Corpin Gartner, Giles, Kings, Lutz, O'Callaghan, Schaefer (9) NOES: None (0) ABSENT: None (0) ABSTAIN: None (0) END OF CONSENT CALENDAR"` Historic Resources Commission Minutes 1 May 6, 2004 City Council 23 – 132 10/1/2024 BUSINESS CALENDAR BUSINESS CALENDAR C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) None noted D. HISTORIC SURVEYS Ily Hally Soboleske presented an overview of the conferenoe highlighting the features of the surveys and indicated that Santa Ana ranked high in comparison to other cities. Noted the need within our system to run queries/reports using access data base format. Commission discussion ensued with inquiries about film scouting in Santa Ana. Staff indicated the City of Santa Ana's Register of Historic Property documentation has been sent to the California Historical Resources Information System (CHRIS) for statewide cataloging. A suggestion was made that information regarding the Orange County Film Commission should be included with homeowner's packets. ITEM E TAKEN OUT OF ORDER (moved to Council Chambers) E. AWARDS FOR OUTSTANDING HISTORIC PRESERVATION PROJECTS Paul Giles/Hally Soboleske) Filed by the City of Santa Ana to recognize outstanding achievement in the areas of Restoration, Rehabilitation, Merit, and Historic Infill Design. RECOMMENDATION: Announce the Outstanding Historic Preservation Projects. Award recipients: Restoration: Old City Hall, 217 North Main Street DGWB Ventures, LLC and Nestor/Gaffney Architects Award of Merit: "Rediscovering Historic Downtown Santa Ana" brochure Santa Ana Historical Preservation Society Project Leaders: Guy Ball, Tim Rush, and Catherine Cate WORK STUDY SESSION F Paul Giles) Commission agreed that Landmark and Key properties should be protected and designated. Owners opposing the designation may appeal to the City Council. Owners of properties eligible as Contributive should be well informed and then come to Commission with reasons for opposition. Commission policy would allow reconsideration of designation of these types of properties if owners object to listing; the owners must provide substantive objections and/or evidence of non-eligibility. G. RECESS TO COUNCIL CHAMBERS - 5:11 PM Historic Resources Commission Minutes 2 May 6, 2004 City Council 23 – 133 10/1/2024 CITY HALL COUNCIL CHAMBERS CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA. SANTA ANA, CALIFORNIA May 6, 2004 u ROLL CALL 5:15 P.M. Same members present PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL RULES ITEM E TAKEN OUT OF ORDER E. I Giles/Hally Soboleske) Hally Soboleske presented an overview of the award-recipient projects. Chairman Giles made award presentations. He announced the May 8 Walking Tour in Santa Ana. Award recipients: Restoration: Old City Hall, 217 North Main Street DGWB Ventures, LLC and Nestor/Gaffney Architects Award of Merit: "Rediscovering Historic Downtown Santa Ana" brochure Santa Ana Historical Preservation Society Project Leaders: Guy Ball, Tim Rush, and Catherine Cate Chairman Giles opened the public hearing. Public present: Joann Ramirez, Santa Ana Historical Preservation Society commemorated the recipients and announced the "Protecting America's Treasures" noon tour, also noted Commissioner Chinn will be tour guide at the Waffle House. Chairman Giles closed the public hearing. PUBLIC HEARINGS 0 1. HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2004-02, -03 AND 2004-05 AND HISTORIC REGISTER CATEGORIZATION NOS. 2004-02, -03, AND 2004-05 jConfinued by Hisforic Resources Commission: February 5, 2004 to May 6, 2004) Melanie McCann) Filed by the City of Santa Ana to place and categorize various structures on the Santa Ana Register of Historical Properties. 214 East Santa Clara Avenue 3/3 McGowan House Landmark 1905 North Valencia Street (5/5) F. B. Elliot House Key RECOMMENDATION 1. Adopt a resolution approving Historic Resources Commission Application Nos. 2004- 02, -03 and 2004-05. 2. Adopt a resolution approving Historic Register Categorization Nos. 2004-02, -03, and 2004-05. Historic Resources Commission Minutes 3 May 6, 2004 City Council 23 – 134 10/1/2024 Melanie McCann presented the staff report and addressed Commission questions. Melanie McCann presented the staff report and addressed Commission questions. Chairman Giles opened the public hearing No public comments made. Chairman Giles closed the public hearing. Commission discussion ensued regarding inclusion of tree descriptions. Motion to: 1. Adopt a resolution approving Historic Resources Commission Application Nos. 2004-02, -03 and 2004-05. 2. Adopt a resolution approving Historic Register Categorization Nos. 2004-02, -03, and 2004-05. 3. Receive F. B. Elliot House owner's letter addressed in February 2004 stating objection to listing on the Historical register (Exhibit 1). Staff indicated the owner was informed about May 2004 hearing and they did not respond. MOTION: Kings SECOND: Corpin AYES: Bustamante, Chinn, Corpin Gartner, Giles, Kings, Lutz, O'Callaghan, Schaefer (g) NOES: None (0) ABSENT: None (0) ABSTAIN: None (0} 2. HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2004-31 THROUGH 2004- 35 AND 2004-37 AND HISTORIC REGISTER CATEGORIZATION NOS. 2004-31 THROUGH 2004-35 AND 2004-37 (Lynnette Perry) Filed by the City of Santa Ana to place and categorize various structures on the Santa Ana Register of Historical Properties. RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application Nos. 2004-31 through 2004-35 and 2004-37. 2. Adopt a resolution approving Historic Register Categorization Nos. 2004-31 through 2004-35 and 2004-37. Lynnette Perry presented staff report and addressed Commission questions. Ms. Perry noted that two properties structure names were duplicated. Recommendation was made to change name on existing houses for 410 South Broadway (Spencer House (2)) and 624 South Birch Street (A. Armstrong House). Commission discussion continued regarding exterior alterations and Mills Act. Chairman Giles opened the public hearing. Public present: Gary Bittner spoke in support of resolution approval. Historic Resources Commission Minutes 4 May 6, 2004 City Council 23 – 135 10/1/2024 Chairman Giles closed the public hearing. Chairman Giles closed the public hearing. Commissioner Kings recommended that the presence of permitted exterior alterations to historic properties be included in the DPR form for consideration of classification prior to recordation. r. Motion to: 7. Adopt a resolution approving Historic Resources Commission Application Nos. 2004-37 through 2004-35 and 2004-37. 2. Adopt a resolution approving Historic Register Categorization Nos. 2004-37 through 2004-35 and 2004-37. 3. Accept staff recommendation to rename the Spencer House to Spencer House (2) and the Armstrong House to A. Armstrong House. MOTION: Bustamante SECOND: Lutz AYES: Bustamante, Chinn, Corpin Gartner, Gilles, Kings, Lutz, O'Callaghan, Schaefer (g) NOES: None (0) ABSENT: None (0) ABSTAIN: None (0) 3. Public Comments (items not on the agenda) None noted STAFF AND COMMISSION COMMENTS ii 4. Staff Comments Hally Soboleske noted that the first order for a Bronze Marker was placed, installation at the Waffle House scheduled for June 2004. She mentioned the forthcoming Work Study session for Commission Objectives. Also, the Preservation Plan was reviewed on April 27, 2004, will keep the Commission apprised of outreach effort. Ms. Soboleske commented on the link to DPR links to website; will create links on the register as they now exist. 5. Historic Resources Commission Comments Commissioner Chinn - Inquired if any more templates are underway. Staff indicated there are items for the June agenda. Requested update on Historic Rehab Loan Program's first applicant. Staff indicated loan was approved and contractor selection was underway. Inquired as to what historical mitigation will be presented at Planning Commission on May 10, 2004 for One Broadway. Staff indicated a draft development agreement will be presented to the Planning Commission then to the City Council on May 17, 2004. Attended San Francisco Preservation Conference, noted that a 40' height limit for structures was established. Announced that on May 13 the Orange County Historical Society Museum will review City of Orange's process for establishing preservation laws. Commissioner Bustamante left at 6:01 pm Commissioner Corpin Inquired about progress at First and Main for Original Mike's. Staff provided an update. Thanked Leslie Heumann for photographs and staff for the staff reports on historical properties. Historic Resources Commission Minutes May 6, 2004 City Council 23 – 136 10/1/2024 Commissioner Kings Commented on Chinn's observation of San Francisco's building height limit and noted that owners may be allowed to sell air rights. Commented on issues at Template Review: would like to see landscape and mature trees addressed within citywide design guidelines. Thanked Lynnette Perry, and noted that she will be moving to Counter. Thanked staff for Code Enforcement report, suggested that staff/resources verify that buildings are maintained. Vice Chairman Schaefer Requested an opportunity to discuss the possibility of adding West Floral Park as a historically significant area at the next meeting. Thanked staff for including the telephone log. Mentioned that Floral Park Home Tour was a huge success; excellent way to highlight historic homes in Santa Ana. Commissioner O'Callaghan Congratulated homeowners at Floral Park for a job well done. Mentioned Walking Tour. Commissioner Lutz Mentioned a news article related to the desirability of front porches in Mission Viejo. Commented that the City of Santa Ana's architecture continually recognizes the desirable attributes of front porches. Noted that Walter Cha is interested in starting a new hostel business. Noted that the Home Depot on Edinger was storing large equipment at the front of the building. Commissioner Gartner Commented on Home Depot in Santa Ana looks better than most. Commented that he is looking forward to working with senior planners at the Planning Counter. Planning Manager provided an overview of the new staff organizational change at the public counter designed to improve customer service, consistency of staff determinations and quality of information provided to the community. Chairman Giles Requested adding Oral History program to our goals and objectives for next year. Requested update on landscape at First & Main. Would like to see historic documentation/DPR forms accessible on the website. Inquired about Maharajah House roof; has contractor been selected. 6. Excuse of Absences Adjournment By consensus (9:0) voted to adjourn at 6:26 p.m. Martha Ramirez Recording Secretary Historic Resources Commission Minutes 6 May 6, 2004 City Council 23 – 137 10/1/2024 EXECUTIVE SUMMARY COSELMAN-MOTLEY HOUSE 424 South Broadway Santa Ana, CA 92701 NAME Coselman-Motley House REF. NO. ADDRESS 424 South Broadway CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1911 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Heninger Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Coselman-Motley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a beautifully detailed and highly intact bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of Craftsman styling (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: x California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. City Council 23 – 138 10/1/2024 State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Coselman-Motley House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad Tustin TCA 2555 Date: *c. Address 424 South Broadway City Santa Ana Zip 92701 *e. Other Locational Data: Assessor’s Parcel Number: 398-292-17; HENINGERS ADD BLOCK: A LOT: 4 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one and a half story Craftsman bungalow presents a symmetrical façade to the street. A side gable roof, whose front (east) rake is longer than the rear, caps the dwelling and is accented by a centered, front-gabled dormer. Arrow-tipped bargeboards, exposed rafters, carved beams, and pendants topped by finials constitute the roof and dormer detailing. The dormer contains a large, tripartite window with a diamond-paned central transom, set below a lattice-work vent and a band of purlins. Narrow clapboard sheathes the house. Spanning the lower story façade, the recessed porch is divided into three bays by tapered posts resting on art stone pedestals. A jig-sawn railing connects the pedestals and encloses the porch space. The entry, flanked by sidelights, occupies the narrower central bay, while large tripartite windows with elaborate leaded glass transoms are located in the side bays. A one-story, shed-roofed projection is recessed on the south elevation and contains a secondary entry. With the exception of a non-original but compatible picket fence that surrounds the property, the house appears unaltered from the street. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) East elevation March 2004 *P6. Date Constructed/Age and Sources: historic 1911/Source: Les, 1979. *P7. Owner and Address: Ruth L. Motley 424 South Broadway Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: March 22, 2004 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) Les, Kathleen. “200, 300, 400, 500 South Broadway.” Historic Resources Inventory, September 1979. *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list) DPR 523A (1/95) *Required information P5a. Photo City Council 23 – 139 10/1/2024 State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code_5S1_________________________ *Resource Name or #: Coselman-Motley House B1. Historic Name: Coselman-Motley House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Bungalow/Craftsman *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1911. October 22, 1926. Alterations. September 14, 1929. Alterations. October 21, 1943. Reroof. *B7. Moved? No Yes Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: NR: B,C; CR: 2,3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Coselman-Motley House is architecturally significant as a fine example of Craftsman styling that retains a very high degree of integrity. According to previous research, it was constructed in 1911 and originally owned by Erastus and Mary Coselman, who came to Santa Ana from Kansas to retire. The second owner, Dr. E. G. Motley, had acquired the house by 1926, when he applied for a permit to make alterations with an estimated value of $200. A surgeon, Dr. Motley had an office in the Spurgeon Building. His son, a fire captain with the City of Santa Ana, inherited the house in 1975, and the family is still in residence today (2004). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: March 22, 2004 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Coselman House 424 South Broadway City Council 23 – 140 10/1/2024 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name or # (Assigned by recorder) Coselman-Motley House *Recorded by Leslie J. Heumann, SAIC *Date March 22, 2004 _ Continuation Update DPR 523L *B10. Significance (continued): The Coselman-Motley House is located in Heninger Park, a residential neighborhood that developed south of the original city core, primarily between 1910 and 1930. Generally bounded by West First Street on the north, West McFadden Avenue (originally Fairview Avenue) on the south, South Sycamore Street on the east, and South Flower Street on the west, the neighborhood had a few homes, mostly located in the northern half, when the area was partially mapped in 1895 by the Sanborn Company. Most of the land was agricultural in use. The City utilized the southwest corner of West First and South Garnsey (then called Palm) for the municipal water works, and the City stables were located on the northwest corner of Palm and West Walnut. Brothers H. B. and Martin Heninger were responsible for developing and platting the tract following their purchase of thirty- four acres of what was known as the Palmer Tract in 1907. The Heningers planted trees, put in sidewalks and curbs, and paved the streets on what had been a barley field. Later they bought additional tracts of ten and eighteen acres which they also platted and improved. These properties were known as Heninger Additions Numbers 1, 2, 3, and 4. In 1921, Orange County historian Samuel Armor described the Heninger tracts as “… the finest residence section of the city, built up with fine homes…,” adding, “ Mr. [Martin] Heninger and his brother have erected 150 houses on the property” (Armor, p. 1777). The major landmark of the neighborhood was Santa Ana Polytechnic High School, which occupied a campus that stretched from West Walnut to West Camille between South Ross and South Parton Streets. The majority of homes in the area showcase the Craftsman and Colonial Revival styles, and, to a lesser extent, the other revival styles of the 1920s. Homes range in size from one to two stories and are unified by common setbacks, the repetition of gabled rooflines and front porches, the use of similar materials, and on some blocks, by the canopy of street trees. Portions of South Birch Street and South Broadway, in particular, present intact Craftsman streetscapes. After replacement of some of the earlier homes with high density apartments in the 1970s and 1980s, the City of Santa Ana recognized the integrity of the Heninger Park neighborhood in 1986, by creating a Specific Development (SD) zoning district intended to preserve its historic character, the second such SD in the City. (French Park was the first.) The Coselman-Motley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a beautifully detailed and highly intact bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of Craftsman styling. The roof detailing, porch treatment, and generous use of leaded glass are among the elements that make this home noteworthy. Character-defining exterior features of the Coselman-Motley House that should be preserved include, but may not be limited to: sheathing (clapboard) and materials (art stone); roof configuration and detailing; massing and symmetry; windows and doors; porch configuration and detailing; and architectural details (such as the bargeboards, finials and pendants, purlins, transoms, and porch supports). *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1901-1935. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Personal Communication, Mrs. Ruth Motley to Lynette Perry, March 24, 2004. City Council 23 – 141 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 23 – 142 10/1/2024 MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 23 – 143 10/1/2024 2 2 3 5 6 Exhibit D: Proposed Structure Improvements (“Work Plan”) 424 South Broadway Item Year Improvement 1 2024 Exterior paint; traditional Craftsman colors 2 2024 Repair all original windows to be fully functional as needed through the following: replace worn/broken window pull ropes, replace broken window panes, repair exterior wood rot, and weatherproof windows. 3 2024 New front yard landscaping and walkways in era-appropriate style 4 2024 Install rain gutters in appropriate style/material 5 2024 Install yard drainage to move rain away from foundation 6 2025 Repair siding 7 2026 Repair cracks in foundation 8 2026 Seismic retrofit of foundation, brace and bolt 9 2027 Update electrical systems throughout 10 2027 Update plumbing system throughout 11 2028 Reroof with synthetic cedar shakes in keeping with traditional Craftsman style 12 2032 Termite tenting as preventative maintenance 13 2033 Sister existing original foundation walls (with a new wall that is located on the interior of the building adjacent to the original exterior wall) to preserve the building’s structural integrity. City Council 23 – 144 10/1/2024 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 _________________________________________________________________________ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009, (hereinafter collectively referred to as “Owner”), owner of real property located at 825 North Lacy Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A.The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B.The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 825 North Lacy Street, Santa Ana, CA, 92701 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.” C.The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D.City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 23 – 145 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 2 - E.Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1.Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 2, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2.Renewal. a.Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b.If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c.Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d.If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3.Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a.Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 23 – 146 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 3 - b.All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c.A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d.The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e.Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f.Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” and the City Council Historic Property Preservation Agreement (HPPA No. 2024-08) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. 4.Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a.The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the City Council 23 – 147 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 4 - Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b.If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c.If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6.Enforcement of Agreement. a.In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b.City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. City Council 23 – 148 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 5 - 7. Binding effect of Agreement. a.Owner hereby subjects the Historic Property, located at 825 North Lacy Street, Assessor Parcel Number, 398-042-01, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b.City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c.This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9.Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. C ity: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office Owners: David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009 Attn: David Bush Smith 825 North Lacy Street Santa Ana, CA 92701 City Council 23 – 149 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 6 - 10. General Provisions. a.None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b.The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c.This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d.All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e.In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f.In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g.This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. City Council 23 – 150 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 7 - 11.Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12.Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13.Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 23 – 151 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 8 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL ALVARO NUÑEZ City Clerk City Manager OWNER Date: ______________________ By:_________________________ DAVID BUSH SMITH Trustee of The David Bush Smith Living Trust dated July 15, 2009 APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency City Council 23 – 152 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 9 - EXHIBIT A LEGAL DESCRIPTION THE LAND HEREINAFTER REFERRED TO IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CA, AND IS DESCRIBED AS FOLLOWS: LOTS 4, 5, 6 AND THE SOUTHEASTERLY 15.00 FEET OF LOT 3, IN BLOCK 74 OF THE TOWN OF SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BLOCK 10 PAGES 43 AND 44 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THE SOUTHEASTERLY 20.00 FEET OF SAID LOT 6. Assessor’s Parcel Number: 398-042-16 City Council 23 – 153 10/1/2024 cm\historic\templates\Lacy N 825 ES (Duggan House) 6/20/02 EXECUTIVE SUMMARY DUGGAN HOUSE 825 North Lacy Street Santa Ana, CA 92701 NAME Duggan House REF. NO. ADDRESS 825 North Lacy Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1906 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Mixed: Queen Anne (Late Victorian), Bungalow/Craftsman, Colonial Revival The Queen Anne (Late Victorian) (also known as the Queen Anne Revival) dominated residential architectural design during the last twenty years of the nineteenth century in the West, and was nearly as influential on early commercial buildings. Identifying features include the front-facing gable roof; ornate decoration of wood or metal along the eave and in the gable end; avoidance of flat wall surfaces through the use of applied ornamentation of wood or metal; and classical columns or pilasters. Multi-storied residential and commercial examples often incorporated bay windows, sometimes topped with towers. The style borrowed heavily from late Medieval models, with the addition of other regional interpretations. Some of the most well-developed examples can be found in California and in the southern states (McAlester, 263-268). Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). Exhibit B City Council 23 – 154 10/1/2024 cm\historic\templates\Lacy N 825 ES (Duggan House) 6/20/02 SUMMARY/CONCLUSION: The Duggan House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as representative of the distinguishing characteristics of several architectural styles popular in the first years of the twentieth century. Additionally, the house has been categorized as “Landmark” because it “has a unique architectural significance” (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: x National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. x National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. City Council 23 – 155 10/1/2024 State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Duggan House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: *c. Address 825 North Lacy Street City Santa Ana Zip 92701 *e. Other Locational Data: Assessor’s Parcel Number: 398-042-16 Santa Ana East Block: 74 Lots: 4,5,6-EX SELY 20ft of SAID Lot: 6-also Por Lot 3 (SELY 15 ft of SAID Lot: 3) *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The most notable feature of this 1906 two-story house is the pentagonal turret with conical roof projecting from its upper southwest corner. The house exhibits box-like massing with a steeply pitched, pyramidal hipped roof. Narrow clapboard sheathes the walls and porch railings. Most windows are double-hung sash. The house shares characteristics of several styles: Queen Anne, Craftsman, and Colonial Revival. The turret with boxed and bracketed eaves and the second story bay window are suggestive of the Queen Anne style. Craftsman features include exposed rafter tails and a large tripartite window on the first floor, north of the entrance. The window has a fixed center pane and sidelights topped by a multipane transom. The front porch is recessed into the southwest corner of the building. Three columns with exaggerated entasis supporting the porch roof are Colonial Revival in style. Closely spaced brackets line the frieze separating the first and second floors. An oval window distinguishes a first floor cant bay on the south elevation. Another cant bay, with a squared bay above, is located on the north elevation. The house was moved to the site in 1987 from the southeast corner of Sycamore and Pine Streets and has been fully restored. The front door screen, pole lamp, and picket fence were added later. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) West and south elevations March 2002 *P6. Date Constructed/Age and Sources: historic 1906/ Source: National Register nomination *P7. Owner and Address: Stephen and Cinda Norris 825 North Lacy Street Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: April 10, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) Les, Kathleen. “Historic Resources Inventory French Park District,” September 1979. Marsh, Diann. “French Park Historic District.” National Register Nomination Form, February 1998. *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list) DPR 523A (1/95) *Required information P5a. Photo City Council 23 – 156 10/1/2024 State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code_1D__________________________ *Resource Name or #: Duggan House B1. Historic Name: Duggan House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Mixed: Queen Anne (Late Victorian), Bungalow/Craftsman, Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1906. January 21, 1988. Relocate single family dwelling. January 21, 1988. Two car garage. May 30, 1989. Extend kitchen, bathroom, install laundry room, remodel second floor bathroom, extend second floor deck June 1, 1989. Install air conditioning. March 19, 1992. Remodel second floor bathroom. *B7. Moved? No Yes Unknown Date: September 1987 Original Location: 222 South Sycamore at Pine Streets_ *B8. Related Features: B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Duggan House is a characteristic example of the eclecticism popular In the early years of the twentieth century, combining Queen Anne, Craftsman, and Colonial Revival stylistic elements. Although constructed elsewhere and moved to this site in 1987, the Duggan House is representative of the period, architecture, and historical associations that characterize French Park and thus is also important as a contributor to the French Park Historic District. According to previous research, William and Clara Duggan were the original owners. Mr. Duggan was in the insurance business and active in civic affairs. The Duggans lived in the house for decades; William Duggan passed away in 1930 and his widow, Clara, remained in the house until her death in 1947 (Marsh, 1998). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: April 10, 2002 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Duggan House 825 North Lacy Street City Council 23 – 157 10/1/2024 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name or # (Assigned by recorder) Duggan House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date April 10, 2002 _ Continuation Update DPR 523L *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of “Santa Ana East” never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a “Who’s Who” of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the “Nob Hill” of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. One of the activities undertaken in support of the historic district has been the relocation of several historic homes slated for demolition into French Park. The Duggan House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a representative example of the blending of architectural styles popular in the early years of the twentieth century. Additionally, the house has been categorized as “Landmark” for its unique architectural significance. Characteristic Queen Anne (Late Victorian) features include the five-sided turret and bay windows. Rafter tails and the tripartite window are Craftsman in design. The trio of porch columns suggest the Colonial Revival style. All original and restored exterior features of the Duggan House are character-defining and should be preserved, including: materials (wood) and finishes (siding); roof configuration and detailing; turret; bay and other windows (including surrounds); front door; porch details; and architectural details such as brackets, rafter tails, and columns. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. City Council 23 – 158 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated b y historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 23 – 159 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 23 – 160 10/1/2024 Exhibit D: Proposed Structure Improvements (“Work Plan”) 825 North Lacy Street Item Year Improvement 1 2024 Reroof main house and garage and repair eaves as needed, like-for-like 2 2024 Remove internal masonry fireplace and chimney due to structural safety concerns, and repair external wood chimney like-for-like 3 2024 Repair windows and exterior window framing on main house and garage, like-for- like 4 2024 Repair window screens throughout 5 2024 Repair termite damage as needed 6 2026 Repaint exterior 7 2027 Replace north side door with period-appropriate door and hardware 8 2028 Replace exterior lighting with period-appropriate lighting on main house and garage 9 2029 Replace plastic door screens with period-appropriate wood screens 10 2030 Replace gutters with compatible gutters (choosing appropriate color and material) 11 2031 Repair siding on main house and garage as needed, like-for-like 12 2032 Replace garage door with period-appropriate garage door City Council 23 – 161 10/1/2024 Planning and Building Agency Item # e City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report July 15, 2024 – Special Meeting Topic: HPPA No. 2024-08 – The Duggan House (825 North Lacy Street) RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009, for the property located at 825 North Lacy Street, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY David Bush Smith is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 825 North Lacy Street that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Duggan House, consists of an existing two-story residence that reflects characteristics of the Queen Anne, Craftsman, and Colonial Revival styles, and is approximately 2,440 square feet in size on a 10,500-square-foot residential lot (Exhibit 2). The Duggan House was added to the Santa Ana Register of Historical Properties (“Register”) in 2002, categorized as “Landmark.” Analysis of the Issues Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements, for eligible properties. The property is listed on the Register and categorized as Landmark, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the City Council 23 – 162 10/1/2024 HPPA No. 2024-08 – The Duggan House (825 North Lacy Street) July 15, 2024 Page 2 4 3 5 4 agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: •Long term preservation of the property and visual improvement to the neighborhood •Allows for a mechanism to provide for property rehabilitation •Provides additional incentive for potential buyers to purchase historic structures •Discourages inappropriate alterations to the property Prior to historic listing, in 1989 the subject historic building was relocated to the existing parcel. That same year, a new two-car garage was permitted as well as a Site Plan Review for renovation and a rear addition to the subject property. The Site Plan Review project included extending the kitchen and bathroom, and adding a new laundry room at the building’s rear, remodeling the second floor, and extending the second floor deck. It was noted during the 2024 site visit that all aforementioned items were implemented at the subject property. In 2002, the Historic Resources Commission placed the Duggan House on the Register and within the “Landmark” category for its distinguishing characteristics of the Queen Anne (Late Victorian), Craftsman and Colonial Revival styles. Character-defining exterior features of the Duggan House that should be preserved include, but may not be limited to: All original and restored exterior features of the Duggan House, including materials (wood) and finishes (siding); roof configuration and detailing; turret; bay and other windows (including surrounds); front door; porch details; and architectural details such as brackets, rafter tails, and columns. Additional future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include reroofing, removing the internal masonry fireplace and chimney due to structural safety concerns and repairing the external wood chimney like- for-like, repairing all windows and framing throughout as needed, repairing window screens as needed, addressing termite damage, and repainting the exterior. During staff’s site visit, the following were noted and added to the Mills Act Agreement work plan: replace the north side door with period-appropriate door and hardware, replace exterior lighting with period-appropriate lighting, replace plastic door screens with period- appropriate wood screens, replace gutters with compatible material and style, repair siding as needed and like-for-like, and replace the garage door with a period-appropriate door. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, City Council 23 – 163 10/1/2024 HPPA No. 2024-08 – The Duggan House (825 North Lacy Street) July 15, 2024 Page 3 4 3 5 4 but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-40, will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,212.75 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500’ Radius Map 3 - Site Photos – 825 North Lacy Street 4 - Action Minutes HRC (825 North Lacy Street) Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency City Council 23 – 164 10/1/2024 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 _________________________________________________________________________ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009, (hereinafter collectively referred to as “Owner”), owner of real property located at 825 North Lacy Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 825 North Lacy Street, Santa Ana, CA, 92701 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.” C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 23 – 165 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 2 - E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 18, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 23 – 166 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 3 - b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” and the City Council Historic Property Preservation Agreement (HPPA No. 2024-08) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the City Council 23 – 167 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 4 - Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. City Council 23 – 168 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 5 - 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 825 North Lacy Street, Assessor Parcel Number, 398-042-01, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived ther efrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office Owners: David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009 Attn: David Bush Smith 825 North Lacy Street Santa Ana, CA 92701 City Council 23 – 169 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 6 - 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. City Council 23 – 170 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 7 - 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of th e County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 23 – 171 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 8 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL ALVARO NUÑEZ City Clerk Acting City Manager OWNER Date: ______________________ By:_________________________ DAVID BUSH SMITH Trustee of The David Bush Smith Living Trust dated July 15, 2009 APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency City Council 23 – 172 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 9 - EXHIBIT A LEGAL DESCRIPTION THE LAND HEREINAFTER REFERRED TO IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CA, AND IS DESCRIBED AS FOLLOWS: LOTS 4, 5, 6 AND THE SOUTHEASTERLY 15.00 FEET OF LOT 3, IN BLOCK 74 OF THE TOWN OF SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BLOCK 10 PAGES 43 AND 44 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THE SOUTHEASTERLY 20.00 FEET OF SAID LOT 6. Assessor’s Parcel Number: 398-042-16 City Council 23 – 173 10/1/2024 1 9 9 9 9 SITE P L A N N I N G AND B U I L D I N G A G E N C Y HPPA-2024-08 825 NORTH LACY STREET DUGGAN HOUSE 500’ RADIUS EXHIBIT 2 City Council 23 – 174 10/1/2024 HPPA-2024-08 The Duggan House 825 North Lacy Street SITE PHOTOS EXHIBIT 3 City Council 23 – 175 10/1/2024 ACTION MINUTES OFT E HISTORIC RESOURCES GOM ISSION 1 CITY HALL COUNCIL CHAMI 22 CIVIC CENTER PLAZ, SANTA ANA, CALIFORNI JUNE 6, 2002 CALLED TO ORDER: 4:40 P.M. ATTENDANCE: COMMISSIONER Rose Anne Garcis Paul Giles, Vice C Carlos Bustamant Philip Chinn, Rita Corpin Blair O'Callaghan Robert Richardsoi COMMISSIONE James Gartner Phillip Schaefer STAFF PRESENT: Joseph Edwards, Kylee Odette, De Laura Johnson, f Motion to approve staff recommendations on the amended and corrected. RS i Present: Kings, Chair 5:35 P.M. Absent: cipal Planner City Attorney ding Secretary Consent Calendar items as MOTION: Chinn ', SECOND: O'Callaghan AYES: Bustamante, Chinn, Corpin, Giles, Kirjgs, O'Callaghan, (ti) NOES: None (0) ABSENT: Gartner, Schaefer, Richardson (3) ABSTENTION: None (0) A. MINUTES Approve minutes: RECOMMENDATION: Approve the minutes of the adjourned regular meeti B. COMMISSION SECRETARY REPORT RECOMMENDATION: Instruct the Commission Secretary to enter into the The May 21, 2002 Agenda for the Adjourned Regu Hall Council Chambers on May 16, 2002 at 9:40 a.n of May 21, 2002. inutes. Meeting was posted at the City City Council 23 – 176 10/1/2024 C. CANCELLATION OF HISTORIC RESOURCES RECOMMENDATION: 1 Cancel the Historic Resources Commission the closure of City Hall on July 4, 2002. END OF CONSENT PUBLIC HEARINGS PROCEDURAL RULES 1 2. ORDINANCE AMENDMENT NO. 2002-85 Filed by the City of Santa Ana to modify va Santa Ana Municipal Code pertaining to def fhe Historic Register, historic districts, approvals, and demolition policy. PUBLISHED IN THE REGISTER: May 24, RECOMMENDATION MEETING scheduled for July 4, 2002 due to sections of Chapfer 30 of the s, removal of a structure from oric Resource Commission Recommend that fhe City Council adopt an drdinance approving Ordinance Amendment No. 2002-85. Hally Cappiello, Assistant Planner li, provided the staff report and a brief review of the proposed changes. Discussion held regarding i,the determination of dangerous buildings and staff was requested to provide a review of the pertinent section of the health and safety code. Mr. Edwards provided an u~date on standards and fees. Madam Chair Kings opened the public hearing. ~ Jo Ann Ramirez, Santa Ana Histarical Preservation's Society, requested copies of any additional changes. Madam Chair Kings noted that a letter had been Santa Ana Historical Preservation Society in suppc Madam Chair Kings closed the public hearing. Motion to continue to August 1, 2002. MOTION: Giles ceived from Alison Young of the of the proposed amendment. Chinn AYES: Bustamante, Chinn, Corpin, Gil s, Kings, O'Callaghan, (6) NOES: None (0) ABSENT: Gartner, Schaefer, Richardson ( ) ABSTENTION: None (0) 2002-04 AND Irma Hernandez) Continued by the Historic Resources Commission May 2, 2002 to June 6, 2002) Filed by the City of Santa Ana fo place and categ nze the structure located at 916 North French Street (Smith-Frank House) on he Santa Ana Register of Historical Properties. RESOURCES COMMISSION R7INUTES 2 I May 2, 2002 City Council 23 – 177 10/1/2024 PUBLISHED 1N THE REGISTER: April i9, PUBLICLY NOTICED: April 79, RECOMMENDATION: Adopt a resolution approving Historic Resource$ Commission Application No. 2002-04. Adopt a resolution approving Historic Register ({ategorization No. 2002-53. Irma Hernandez, Assistant Planner, presented the report and recommendation. Madam Chair Kings opened the public hearing. No written communications had been received matter. Madam Chair Kings closed the public hearing. RECOMMENDATION: Motion fo adopt a resolution approving Historic Application No. 2002-04. Motion fo adopt a resolution approving Historic 2002-53. MOTION: Giles AYES:Bustamante, Chinn, Corpin, Gi NOES:None (0) ABSENT:Gartner, Schaefer, Richardson ABSTENTION:None (0) 3. Filed by the City of Santa Ana fo place and 825 North Lacy Streef (Duggan House) as of Historical Properties. PUBLISHED IN THE REGISTER: May 24, PUBLICLY NOTICED: May 23, RECOMMENDATION: Adopt a resolution approving Historic 2002-24. Adopt a resolution approving Historic Register Lynnette Perry, Associate Planner, presented the Madam Chair Kings opened the public hearing. No written communications had been received a matter. there were no speakers on the esources Commission egister Categorization No. IND: Corpin Kings, O'Callaghan, (6) e the structure located at on the Santa Ana Register Commission Application No. No. 2002-74. report and recommendation. there were no speakers on the Madam Chair Kings closed the public hearing. City Council 23 – 178 10/1/2024 RECOMMENDATION: Motion to adopt a resolution approving Historic esources Commission Appiication No. 2002-24. Motion to adopt a resolution approving Historic egister Categorization No. 2002-74. fl C C 4. 5. MOTION: Giles SECOND: Chinn AYES: Bustamante, Chinn, Corpin, Gibs, Kings, O'Callaghan, (6) NOES: None (0) ABSENT: Gartner, Schaefer, Richardson (~) ABSTENTION: None (0) Filed by the City of Santa Ana to place and cate 1322 North Sycamore Street (Fire Station Head the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: May 24, PUBLICLY NOTICED: May 23, RECOMMENDATION: Adopt a resolution approving Historic 2002-31. Adopt a resolution approving Historic Register Lynnette Perry, Associate Planner, presented the Madam Chair Kings opened the public hearing. the structure located at s No. 1) as Landmark on Commission Application No. No. 2002-81. report and recommendation. No written communications had been received anp there were no speakers on the matter. Madam Chair Kings closed the public hearing. RECOMMENDATION: Motion to adopt a resolution approving Historic Application No. 2002-31. Motion to adopt a resolution approving Historic 2002-81. MOTION: Giles Commission Categorization No. SECOND: Bustamante AYES: Bustamante, Chinn, Corpin, Gil~'s, Kings, O'Callaghan, (6) NOES: None (0) ABSENT: Gartner, Schaefer, Richardson (~i) ABSTENTION: None (l)) AND 79 MINVItJ M8y Z, City Council 23 – 179 10/1/2024 Filed by the City of Santa Ana to place and cafe orize various structures on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: May 24, 20 2 PUBLICLY NOTICED: May 23, 20 2 C 6. COMM~NE~D ,, illy ~ SS ~~~i~d~~~a STR~,TURD, ~1~1~I~i~~ii'~ ~ i IIiI t?RYi~i~i.- F i,~aiiii iII iiIIIIiIi~ilii ~~ ~°~,aiiiiii~~~i IdiiiiililIIiii Iii ~oiiliiliiilliiiil IiI I r~I iili~ili 898-820 North Minter Street 70 Davies Du lex Ke 802 North Lac Street 72 Lan le H use Ke 909-903 North Lac Street 75 E/ So/ano artments Ke 902-904 North Lac Street 76 Sanborn A artments No. 9 Ke 926-928 North Lac Street 79 Ter Ste enson House Ke RECOMMENDATION: Adopt a resolution approving Historic Resource Commission Application Nos. 2002-20, 22, 25, 26, and 29. Adopt a resolution approving Historic Register 75, 76, and 79. Lynnette Perry, Associate Planner, presented the Madam Chair Kings opened the public hearing. No written communications had been received an matter. RECOMMENDATION: Madam Chair Kings closed the public hearing. Motion to adopt a resolution approving Historic Application Nos. 2002-20, 22, 25, 26, and 29. Motion fo adopt a resolution approving Historic ~ 2002-70, 72, 75, 76, and 79. MOTION: Giles AYES: Bustamante, Chinn, Corpin, Gi NOES: None (0) ABSENT: Gartner, Schaefer, Richardson ABSTENTION: None (Q) Filed by the City of Santa Ana to place and ca Santa Ana Register of Historical Properties. PUBLISHED 1N THE REGISTER: May 24, PUBLICLY NOTICED: May 23, Nos. 2002-70, 72, report and recommendation. there were no speakers on the Commission Categorization Nos. SECOND: Corpin Kings, O'Callaghan, (6) various structures on the City Council 23 – 180 10/1/2024 r-- l~ i iii ~ I i II I I(,iII (Ini i (iii) i' iii. II t, i ... ~) 77~ iii . •,,,f~i~'It,4 1 ii ~i i III i,~ii it ~ ~~I I) i• iv'Ii 806 North Minter Street 66 i1~~ i I i i Hutchi i a"aN ~ IChi (~i~) s House u.1i T'EGO Y.~ _ Contributive 813 North Minter Sfreet 67 Kittle H use Contributive 814 North Minter Sfreet 68 Davies ouse Contributive 815 North Minter Sfreet 69 Grim H use Contributive 824 North Minter Street 71 Ha nes House Contributive 812 North Lac Street 73 Warne ouse Contributive 914 and 914 '/= North Lac Street 77 Dierker Houses Contributive 919 North Lac Street 78 Straub ouse Contributive 806 North Lac Street 80 Harve ouse Contributive RECOMMENDATION.• Adopt a resolution approving Historic Resource Commission Application Nos. 2002-16 through 19, 2002-21, 23, 27, 28 and 30. Adopt a resolution approving Historic Register G~ategorization Nos. 2002-66 through 69, 2002-71, 73, 77, 78 and 80. Lynnette Perry, Associate Planner, presented the stiff report and recommendation. Madam Chair Kings opened the public hearing. r~ No written communications had been received anQf there were no speakers on the matter. ' Madam Chair Kings closed the public hearing. RECOMMENDATION: Motion to adopt a resolution approving Historic esources Commission Application Nos. 2002-16 through 19, 2002-21, 2 27, 28 and 30. Motion to adopt a resolution approving Historic l~egisfer Categorization Nos. 2002-66 through 69, 2002-71, 73, 77, 78 and 80, MOTION: Giles AYES: NOES: ABSENT: ABSTENTION: Bustamante, Chinn, Corpin, Gi None (0) Gartner, Schaefer, Richardson None (0) 7. Filed by the City of Santa Ana to categorize as 1016 North Logan Street on the Santa Ana Reg PUBLISHED /N THE REGISTER: May 24, PUBLICLY NOTICED: May 23, RECOMMENDATION: SECOND: Chinn Kings, O'Callaghan, (6) Imark the structure located of Historical Properties. Adopt a resolution approving Historic Register C tegorization No. 2002-40. Lynnette Perry, Associate Planner, presented the st ff report and recommendation. Madam Chair Kings opened the public hearing. No written communications had been received anc~ there were no speakers on the matter. HISTORIC City Council 23 – 181 10/1/2024 Madam Chair Kings closed the public hearing. RECOMMENDATION: Motion to adopt a resolution approving Historic Register Categorization No. 2002-40. MOTION: Giles SECOND: Corpin AYES: Bustamante, Chinn, Corpin, Gil s, Kings, O'Callaghan, (6) NOES: None (l)) ABSENT: Gartner, Schaefer, Richardson 3) ABSTENTION: None (0) i 8. Filed by the City of Santa Ana to categorize as Key the structure located of 914 and 916 East Stafford Street and 926 North Loga~ Street on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: May 24, PUBLICLY NOTICED: May 23, RECOMMENDATION: Adopt a resolution approving Historic Register Qategorization No. 2002-43. Lynnette Perry, Associate Planner, presented the stiff report and recommendation. Madam Chair Kings opened the public hearing. No written communications had been received anq there were no speakers on the matter. Madam Chair Kings closed the public hearing. RECOMMENDATION: Motion to adopt a resolution approving Historic !Register Categorization No. 2002-43. MOTION: Giles SECOND: O'Callaghan AYES: Bustamante, Chinn, Corpin, Gill's, Kings, O'Callaghan, (6) NOES: None (0) ABSENT: Gartner, Schaefer, Richardson (~i) ABSTENTION: None (0) '~ 9. Filed by the City of Santa Ana to categorize v: Register of Historical Properties. PUBLISHED !N THE REGISTER: May 24, PUBLICLY NOTICED: May 23, structures on the Santa Ana i i z,,,<a a~~~ri ~IIL ~+..~ . ~ ; ~ ~~~ ~~ ~f ~~ ~~~ ~ ~~~ ~ I iru $C~~'~I'~I''~'i~~ I4'~ ~ ~ ni~ (~~in'i li ii ~ ~' ~ i` i~, 1033 North Custer Street 38 i ~I IiII Iioin p• E ~ ~i~~i~~E11 ~ ~ (~I'i~ t ,~i Oscar Smit ai~i ~, 17~ N;.RIV~I'C~~~~'~~~'~~) (iP` III House I MME i Contributive 1023 North Custer Street 39 Eckman Ho se Contributive 903 East Stafford Street 41 Per Hous Contributive 904 B 904 % E. Stafford Street 42 Franke Hou a Contributive 912 East Stafford Street 45 Cummins ouse Contributive City Council 23 – 182 10/1/2024 RECOMMENDATION: Adopt a resolution approving Historic Register 41, 42, and 45. Lynnette Perry, Associate Planner, presented the Madam Chair Kings opened the public hearing. No written communications had been received matter. Madam Chair Kings closed the public hearing, 10. RECOMMENDATION: Nos. 2002-38, 39, ff report and recommendation. there were no speakers on the Motion to adopt a resolution approving Historic register Categorization Nos. 2002-38, 39, 41, 42, and 45. ', MOTION: Giles i SECOND: Bustamante AYES: Bustamante, Chinn, Corpin, Gilr~s, Kings, O'Callaghan, (6) NOES: None (0) ABSENT: Gartner, Schaefer, Richardson ($i) ABSTENTION: None (0) by the Historic Resources Commission A'~ril 4, 2002 to June 6, 2002.) Filed by the City of Santa Ana to discuss the notr a of intent to demolish three structures located at 1007-1009, 1015 and 1109 rth Broadway and listed on the Santa Ana Register of Historical Properties a part of the One Broadway Plaza high-rise office project. PUBLISHED /N THE REGISTER: December ~1, 2001 PUBLICLY NOTICED: December 1, 2001 RECOMMENDATION: Continue indefinitely. Joseph Edwards, Principal Planner, presented the stiff report and recommendation. Discussion held regarding time between application and release of EIR to the public, recommendations for relocation, and the relocation f asibility study. Commissioner Bustamante left the meeting at 5:33 RECOMMENDATION: Motion fo continue indefinitely. MOTION: Giles SECOND: Chinn AYES: Chinn, Corpin, Giles, Kings, O'C~Ilaghan, (5) NOES: None (0) ABSENT: Bustamante, Gartner, Schaefer, ~2ichardson (4) ABSTENTION: None (0) Commissioner Bustamante returned to the meeting ajt 5:35 p.m. Commissioner Richardson joined the meeting at 5:3~ p.m. HISTORIC RESOURCES COMMISSION MINUTES 8 ~May 2, 2002 City Council 23 – 183 10/1/2024 PUBLIC COMMENTS J n 11 12. 13. Public Comments (items not on the agenda) Madam Chair Kings noted that she had received a lett~r from Catherine Cate regarding the proposed Historic French Park Traffic Plan. Mr. Edw rds advised that the Environmental Transportation Advisory Committee (ETAC) was the reviewing body for traffic plans and that any traffic related issues should be forwarded to them. A letter had also been received from Jeff Dickman, Vice resident Historic French Park Board of Directors, expressing concern that the issue had n t been placed on the June 6, 2002 Historic Resources Commission Agenda. Catherine Cate, French Park resident, expressed ce the neighborhood and requested that the Historic since French Park is a Historic District. Barry Jensen, French Park resident, requested that the the issue as it impacts a historic resource. Madam Chair Kings asked if the traffic count could chan~ require review by the Commission. Kylee Odette, Del issues were aesthetic the Commission could review thei traffic issues, the Commissioners and the public shoulc issues. Madam Chair Kings asked if protecting the res Commission's review and Mr. Edwards responded that brought before them. Comments from Staff Mr. Edwards Noted that the next Template Review Committ June 14 at 4:30 p.m. Advised that draft language for the Historic PIS be distributed to the Commission for comment. Recommended that the Commission forward a letter of support to ETAC. regarding the impact of the traffic on urce Commission review the issue Resource Commission review the use to Commercial which would qty City Attorney, advised that if the i. As ETAC is the reviewing body for attend the meeting and address the lential use would be an issue for the t was an ETAC issue and should be meeting would be held on Friday, had been received and would Commissioner Giles Asked if it would be appropriate for the Commi$sion to prepare a letter to ETAC regarding the proposed French Park Traffic PI~'n. Ms. Odette responded that it would be better to attend the meeting. ', Asked why it was appropriate for the Commission to review the traffic impact that would be created by the proposed One Broad~ay Plaza project. Mr. Edwards responded that it was appropriate as certain pr posed traffic mitigations involved the potential removal of historic structures. Commissioner Chinn Noted that Washington Square, Floral Park, and Wilshire Square all have closed off areas to traffic for quality of life issues. Commissioner Richardson Noted that it appears that there is a differ nce of opinion regarding what destruction of property is and that it could be ither loss of property or loss of quality of life. He recommended that the Commi sion forward a letter of support to ETAC. Mr. Edwards advised that he would co suit with Counsel regarding the possibility of placing the item on the agend but that the public should be encouraged to work with ETAC. Commissioner Bustamante s City Council 23 – 184 10/1/2024 J_.v l~L _.._1/._ Madam Chair Kings Asked when ETAC was scheduled to meet. Mr Commissioner Chinn Requested update on Award Program. Mr. E approved by Council and that nominations fon given next year. Requested update on the Phillips Block Ad Hoc should be on the August agenda. Thanked staff for getting the William Spurgeon n will forward the dates. Iwards advised that it had been s are available for awards to be He was advised that it cleaned. Commissioner Coroin Requested clarification of the dates for the T mplate Review Committee. Mr. Edwards advised that the next meeting was sch~duled for June 14, 2002 and that there would not be a meeting in July. ', Commissioner Giles Requested that staff review the structure at 125 N. French for inclusion on the Historic Register. Requested an update on having the Historic Register available online. Mr. Edwards advised that it would require at least mother month to explore ways to make it more interactive. Commissioner Q'Callaghan Noted that he was pleased that the Urban Design Studio would be providing consultant services. Noted that the Floral Park neighborhood had benefited from a traffic plan. Commissioner Richardson Noted that the Public Works Agency was paintimg the replacement historic street lights. Noted the importance of a review to determirje what the Commission should review. Madam Chair Kings Provided a brief report on the workshop that wa$ held in Sonoma and encourage the Commissioners to attend next year. Noted that she had met with Ms. Nelson, Mr. Ree~CStin, and Mr. Lamb regarding the Downtown and requested to be advised of projects in the area. Asked staff to investigate grant funds available from the State for Certified Local Governments. 14. Excuse of Absences Motion by Commissioner Bustamante and seconded by Commissioner Giles to excuse the absence of Commissioner's Gzrtner and Schaef~r, and approved unanimously by a vote of 7:0. 15. Adjournment -- 6:30 p.m. Pfay 2, City Council 23 – 185 10/1/2024 cm\historic\templates\Lacy N 825 ES (Duggan House) 6/20/02 EXECUTIVE SUMMARY DUGGAN HOUSE 825 North Lacy Street Santa Ana, CA 92701 NAME Duggan House REF. NO. ADDRESS 825 North Lacy Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1906 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Mixed: Queen Anne (Late Victorian), Bungalow/Craftsman, Colonial Revival The Queen Anne (Late Victorian) (also known as the Queen Anne Revival) dominated residential architectural design during the last twenty years of the nineteenth century in the West, and was nearly as influential on early commercial buildings. Identifying features include the front-facing gable roof; ornate decoration of wood or metal along the eave and in the gable end; avoidance of flat wall surfaces through the use of applied ornamentation of wood or metal; and classical columns or pilasters. Multi-storied residential and commercial examples often incorporated bay windows, sometimes topped with towers. The style borrowed heavily from late Medieval models, with the addition of other regional interpretations. Some of the most well-developed examples can be found in California and in the southern states (McAlester, 263-268). Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). City Council 23 – 186 10/1/2024 cm\historic\templates\Lacy N 825 ES (Duggan House) 6/20/02 SUMMARY/CONCLUSION: The Duggan House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as representative of the distinguishing characteristics of several architectural styles popular in the first years of the twentieth century. Additionally, the house has been categorized as “Landmark” because it “has a unique architectural significance” (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: x National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. x National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. City Council 23 – 187 10/1/2024 State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Duggan House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: *c. Address 825 North Lacy Street City Santa Ana Zip 92701 *e. Other Locational Data: Assessor’s Parcel Number: 398-042-16 Santa Ana East Block: 74 Lots: 4,5,6-EX SELY 20ft of SAID Lot: 6-also Por Lot 3 (SELY 15 ft of SAID Lot: 3) *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The most notable feature of this 1906 two-story house is the pentagonal turret with conical roof projecting from its upper southwest corner. The house exhibits box-like massing with a steeply pitched, pyramidal hipped roof. Narrow clapboard sheathes the walls and porch railings. Most windows are double-hung sash. The house shares characteristics of several styles: Queen Anne, Craftsman, and Colonial Revival. The turret with boxed and bracketed eaves and the second story bay window are suggestive of the Queen Anne style. Craftsman features include exposed rafter tails and a large tripartite window on the first floor, north of the entrance. The window has a fixed center pane and sidelights topped by a multipane transom. The front porch is recessed into the southwest corner of the building. Three columns with exaggerated entasis supporting the porch roof are Colonial Revival in style. Closely spaced brackets line the frieze separating the first and second floors. An oval window distinguishes a first floor cant bay on the south elevation. Another cant bay, with a squared bay above, is located on the north elevation. The house was moved to the site in 1987 from the southeast corner of Sycamore and Pine Streets and has been fully restored. The front door screen, pole lamp, and picket fence were added later. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) West and south elevations March 2002 *P6. Date Constructed/Age and Sources: historic 1906/ Source: National Register nomination *P7. Owner and Address: Stephen and Cinda Norris 825 North Lacy Street Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: April 10, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) Les, Kathleen. “Historic Resources Inventory French Park District,” September 1979. Marsh, Diann. “French Park Historic District.” National Register Nomination Form, February 1998. *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list) DPR 523A (1/95) *Required information P5a. Photo City Council 23 – 188 10/1/2024 State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code_1D__________________________ *Resource Name or #: Duggan House B1. Historic Name: Duggan House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Mixed: Queen Anne (Late Victorian), Bungalow/Craftsman, Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1906. January 21, 1988. Relocate single family dwelling. January 21, 1988. Two car garage. May 30, 1989. Extend kitchen, bathroom, install laundry room, remodel second floor bathroom, extend second floor deck June 1, 1989. Install air conditioning. March 19, 1992. Remodel second floor bathroom. *B7. Moved? No Yes Unknown Date: September 1987 Original Location: 222 South Sycamore at Pine Streets_ *B8. Related Features: B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Duggan House is a characteristic example of the eclecticism popular In the early years of the twentieth century, combining Queen Anne, Craftsman, and Colonial Revival stylistic elements. Although constructed elsewhere and moved to this site in 1987, the Duggan House is representative of the period, architecture, and historical associations that characterize French Park and thus is also important as a contributor to the French Park Historic District. According to previous research, William and Clara Duggan were the original owners. Mr. Duggan was in the insurance business and active in civic affairs. The Duggans lived in the house for decades; William Duggan passed away in 1930 and his widow, Clara, remained in the house until her death in 1947 (Marsh, 1998). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: April 10, 2002 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Duggan House 825 North Lacy Street City Council 23 – 189 10/1/2024 State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name or # (Assigned by recorder) Duggan House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date April 10, 2002 _ Continuation Update DPR 523L *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of “Santa Ana East” never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a “Who’s Who” of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the “Nob Hill” of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. One of the activities undertaken in support of the historic district has been the relocation of several historic homes slated for demolition into French Park. The Duggan House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a representative example of the blending of architectural styles popular in the early years of the twentieth century. Additionally, the house has been categorized as “Landmark” for its unique architectural significance. Characteristic Queen Anne (Late Victorian) features include the five-sided turret and bay windows. Rafter tails and the tripartite window are Craftsman in design. The trio of porch columns suggest the Colonial Revival style. All original and restored exterior features of the Duggan House are character-defining and should be preserved, including: materials (wood) and finishes (siding); roof configuration and detailing; turret; bay and other windows (including surrounds); front door; porch details; and architectural details such as brackets, rafter tails, and columns. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. City Council 23 – 190 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 23 – 191 10/1/2024 MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 23 – 192 10/1/2024 2 2 3 7 0 Exhibit D: Proposed Structure Improvements (“Work Plan”) 825 North Lacy Street Item Year Improvement 1 2024 Reroof main house and garage and repair eaves as needed, like-for-like 2 2024 Remove internal masonry fireplace and chimney due to structural safety concerns, and repair external wood chimney like-for-like 3 2024 Repair windows and exterior window framing on main house and garage, like-for- like 4 2024 Repair window screens throughout 5 2024 Repair termite damage as needed 6 2026 Repaint exterior 7 2027 Replace north side door with period-appropriate door and hardware 8 2028 Replace exterior lighting with period-appropriate lighting on main house and garage 9 2029 Replace plastic door screens with period-appropriate wood screens 10 2030 Replace gutters with compatible gutters (choosing appropriate color and material) 11 2031 Repair siding on main house and garage as needed, like-for-like 12 2032 Replace garage door with period-appropriate garage door City Council 23 – 193 10/1/2024 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Third Extension of Entitlements for the Central Pointe Mixed-Use Development to be Located at 1801 East Fourth Street AGENDA TITLE Third Extension of Site Plan Review No. 2020-04 for the Central Pointe Mixed-Use Project to be Located at 1801 East Fourth Street RECOMMENDED ACTION 1. Adopt a resolution approving a third and final one-year extension of Site Plan Review No. 2020-04 to November 9, 2025. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2020-04 FOR THE CENTRAL POINTE MIXED-USE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On November 9, 2020, the Planning Commission unanimously approved Site Plan Review (SPR) No. 2020-04 by adopting Resolution No. 2020-38 for the Central Pointe mixed-use development, which consists of 644 residential units and 15,130 square feet of commercial space for the property located at 1801 East Fourth Street in the Metro East Mixed Use (MEMU) Overlay Zone (Exhibit 2). Pursuant to Section 8.4 of the MEMU Overlay Zone document, Site Plan Review approvals must be exercised within two years of approval unless the City Council by resolution extends the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three years. City Council 24 – 1 10/1/2024 Third Extension of Entitlements for the Central Pointe Mixed-Use Development - 1801 East Fourth Street October 1, 2024 Page 2 4 4 9 1 The City Council approved the applicant’s first request for a one-year entitlement extension on July 19, 2022 after taking into account the of effects COVID-19 pandemic on securing funding, labor, and construction materials (Exhibit 3). The approval of the initial request extended the subject project’s entitlements until November 9, 2023. On September 19, 2023, the City Council granted a second one-year extension for the project's entitlement, extending it to November 9, 2024 (Exhibit 4). This extension was necessary as the applicant was unable complete the plan check process, obtain building permits, and begin construction before the November 9, 2023 deadline. Analysis As a result of the global COVID-19 pandemic, the California Legislature approved AB 1561, which extended entitlements that were effective prior to March 4, 2020, and that were set to expire before December 31, 2021. Due to the various dates of approval and expiration on November 9, 2020 and November 9, 2022, AB 1561 did not apply to the subject entitlement. Therefore, an extension by the City Council pursuant to Section 8.4 of the MEMU Overlay Zone was initially requested by the applicant and approved on July 19, 2022. High interest rates have impacted construction loans and land development costs, resulting in ongoing delays to the project’s ability to break ground on the project by the November 9, 2024 deadline that was established by the last City Council-approved entitlement extension. The applicant was issued building permits for the first development phase of the project (325 units and 9,165 square feet of commercial space) in December 2023 and has paid the associated permit fees. However, current challenges in the capital markets for both debt and equity financing continue to impede project development. As a result, the applicant is requesting a third one-year entitlement extension to November 9, 2025 pursuant to Section 8.4 of the MEMU Overlay Zone document. In an effort to encourage construction of entitled projects, it is the Planning Division’s policy to recommend no more than one-year extensions at a time. The applicant’s request is the third and last of three permissible one-year extensions. Upon the securing of funding for the project, the applicant intends to break ground on the project to effectuate its entitlements within a timely manner. Information provide by the applicant indicates an anticipated groundbreaking by January of 2025. Property Maintenance The vacant site previously experienced issues with uncontrolled vegetation, site security, and illegal dumping. In response to community concerns and measures identified by the Planning and Building Agency, the applicant previously submitted and is adhering to a vacant property maintenance plan that addresses the issues stemming from the site’s ongoing vacancy. These measures include: •Installation of a construction fence around the perimeter of the site on Fourth Street, Cabrillo Park Drive, Parkcourt Place, and tie-ins to existing fencing along the Santa Ana (I-5) Freeway. City Council 24 – 2 10/1/2024 Third Extension of Entitlements for the Central Pointe Mixed-Use Development - 1801 East Fourth Street October 1, 2024 Page 3 4 4 9 1 •Clearing the site of overgrown vegetation and weed abatement. •Retention of a security company to conduct bi-weekly site visits to prevent illegal dumping and trespassing. •Removal of illegally-dumped items within 24 hours of notification. •Execution of the City’s Limited Authorization for Arrest Form to enable the Police Department to better enforce trespass and violations laws. Since submission of the vacant property maintenance plan, the project site has been generally maintained free of overgrown weeds and debris/litter. Moreover, the amount of community complaints about the subject site have significantly decreased as a result of the implementation of the vacant property maintenance plan. Full project plans are included with this report as Exhibit 5. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Approving Third One-Year Entitlement 2. Original Resolution Approving Entitlement (No. 2020-038) 3. Resolution Approving First One-Year Entitlement (No. 2022-062) 4. Resolution Approving Second One-Year Entitlement (No. 2023-061) 5. Full Project Plans Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Alvaro Nuñez, City Manager City Council 24 – 3 10/1/2024 Resolution No. 2024-XXX Page 1 of 4 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2020-04 FOR THE CENTRAL POINTE MIXED-USE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 9, 2020, the Planning Commission unanimously approved Site Plan Review (SPR) No. 2020-04 by adopting Resolution No. 2020-38 for the Central Pointe mixed-use development, which consists of 644 residential units and 15,130 square feet of commercial space for the property located at 1801 East Fourth Street. B. Pursuant to Section 8.4 of the Metro East Mixed Use (MEMU) Overlay Zone document, Site Plan Review approvals must be exercised within two years of approval or become void after two years of inactivity unless the City Council by resolution extends the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three years. C. Taking into account the results of the global Covid-19 pandemic and its effects on securing funding, labor, and construction materials, the City Council approved the applicant’s first request for a one-year entitlement extension on July 19, 2022 (City Council Resolution No. 2022-062). The approval of the initial request extended the subject project’s entitlements until November 9, 2023. D. On September 19, 2023, the City Council granted a second one -year extension for the project's entitlement, extending it to November 9, 2024. This extension was necessary as the applicant was unable to complete the plan check process, obtain building permits, and begin construction before the November 9, 2023 deadline (City Council Resolution No. 2023- 061). E. Increased interest rates beginning the first quarter of 2022 and continuing through 2023, and their impacts on construction loans and land development costs, resulted in additional delays to the project’s ability to complete the plan check process, pull permits, and break ground on the project by the November 9, 2024 deadline that was established by the last City Council 24 – 4 10/1/2024 Resolution No. 2024-XXX Page 2 of 4 City Council-approved entitlement extension. Current challenges in the capital markets for both debt and equity financing continue to impede project development through 2024. F.It is the Planning Division’s policy to recommend no more than one-year extensions at a time, mainly in an effort to encourage the construction of previously approved projects. G.Upon the completion of the plan check process and securing of funding for the project, the applicant intends to obtain all necessary building permits for the project by submitting plans for building plan check and break ground on the project to effectuate its entitlements within a timely manner. H.The applicant filed the request and submitted filing fees for the third extension on July 24, 2024. The extension request came before the City Council on October 1, 2024. I.In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. Section 2. Site Plan Review No. 2020-04 is hereby extended for a period of one (1) year from the second extension deadline of November 9, 2024 to November 9, 2025. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated October 1, 2024, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of October, 2024. _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Jonathan T. Martinez Assistant City Attorney City Council 24 – 5 10/1/2024 Resolution No. 2024-XXX Page 3 of 4 AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ City Council 24 – 6 10/1/2024 Resolution No. 2024-XXX Page 4 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-______ to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2024. Date: ____________ _______________________________ City Clerk City of Santa Ana City Council 24 – 7 10/1/2024 LS 11.9.20 RESOLUTION NO. 2020-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2020-04 AS CONDITIONED FOR A NEW MIXED -USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE PROPERTY LOCATED AT 1801 EAST FOURTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Sean Rawson with Waterford Property Company, representing Park Center Santa Ana Associates, L.P ("Applicant"), is requesting approval of Site Plan Review No. 2020-04, as conditioned, to allow the construction of a new mixed -use development consisting of 644 multi -family residential units and 15,130 square feet of commercial space at 1801 East Fourth Street. B. The subject site has a General Plan land use designation of District Center (DC). The site is located within the Professional zoning district and has an overlay zone designation of Metro East Mixed -Use (MEMU) Overlay Zone (OZ-1), Active Urban district, which permits medium- to high -intensity mixed -use residential, commercial, office, and hotel developments subject to approval of a site plan review (SPR) application by the Planning Commission. C. The MEMU Overlay Zone was adopted in 2007 as a result of interest in developing mixed -use residential and commercial projects in the project area. in 2018, the City of Santa Ana expanded the MEMU designation along First Street between Grand Avenue and the Santa Ana (1-5) Freeway. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed -use residential communities, live/work units, hotels, and offices. D. A noticed public hearing was scheduled to be heard before the Planning Commission of the City of Santa Ana on October 26, 2020, but at that time there was not a quorum of the Planning Commission therefore, the item was continued by the Chair to the next regular meeting. On November 9, 2020, the Planning Commission of the City of Santa Ana held the duly noticed public hearing and considered all testimony, written and oral for the project. Resolution No. 2020-38 Page 1 of 9 City Council 24 – 8 10/1/2024 E. Section 41-595.5 of the Santa Ana Municipal Code ("SAMC) requires a review by the Planning Commission of all plans within a zoning district classification combined with an OZ suffix where the applicant wants to apply the overlay zone, to ensure the project is in conformity with the overlay zone plan. F. The zoning designation for the subject property is proposed to be Metro East Mixed -Use (MEMO) Overlay Zone (OZ-1) in the Active Urban land use district. G. The Planning Commission determines that the following findings, which must be established in order to grant this Site Plan Review pursuant to SAMC Section 41-595.5, have been established for Site Plan Review No. 2020-04 to allow construction of the proposed project: 1. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU overlay district. The development will activate a vacant and underutilized 8-acre site in the MEMU Overlay Zone. The project will create a new mixed -use development within close proximity to office buildings, Cabrillo Park, Mabury Park, and less than two miles from Downtown Santa Ana providing opportunities to live, work, and recreate. Each building will be five -stories of residential units wrapped around a seven -level parking structure. The height of the buildings will blend in with the heights of the nearby office buildings which range from single -story, three-story and eight -story buildings and will create an interface with the Santa Ana (1-5) Freeway. The project will be built to California Building Code standards, which include energy and water conservation measures and will improve pedestrian mobility by providing new sidewalks, and parkways along Fourth Street and Parkcourt Place. In addition, the publically accessible linear park will serve as a link to the meandering trail along Mabury Street and to Mabury Park to the north. Each building has a centrally located bike room, and there is a rideshare pick-up/drop-off in the middle of the project site. Additionally, the project is within walking distance of the OCTA route 463 bus stop at Fourth Street and Cabrillo Park Drive. The commercial space has been designed with retail floor heights of 20 feet with storefronts that will be visible from Fourth Street. In addition, the commercial space links directly to an on -site public plaza at the corner of Fourth Street and Cabrillo Park Drive which will include outdoor dining opportunities, decorative hardscape, specimen trees and plantings, umbrellas, seating and lawn games. Resolution No. 2020-38 Page 2 of 9 City Council 24 – 9 10/1/2024 In addition, the ground floor residential units along Cabrillo Park Drive will have doors and patios with direct access to the street to help activate the street. 2. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU overlay district. The project is consistent with the development standards specified in Section 4 of the MEMU Overlay Zone including land use, stories, development site area, building frontages, publically accessible open space, private/common open space, building setbacks, and parking. 3. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district. The project is consistent with the development standards specified in Section 5 of the MEMU Overlay Zone. The buildings are designed with a high quality design that includes varied massing, changes in form, and is comprised of high quality material including metal siding, stone veneer, simulated wood siding, fiber cement lap siding, fiber cement panels, stucco, metal and glass railings, and aluminum storefronts. During the development review process, the architectural design was peer reviewed by John Kaliski Architects and City staff, which resulted in higher -quality building materials, an increase in the commercial square footage and a plaza at the corner of Fourth Street and Cabrillo Park Drive. The project massing is broken into discrete building elements, facades are broken up with the inclusion of private balconies, courtyards, and contrasting building materials. The commercial storefronts are enhanced with cornices and metal canopies and the primary access to the commercial uses will be from Fourth Street. The project promotes pedestrian activity with landscaping and publically accessible open space. Parking areas are screened from the street. Lastly, over 40 percent of the units are over 1,000 square feet. 4. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. The project is consistent with the development standards specified in Section 7 of the MEMU Overlay Zone. The project has been Resolution No. 2020-38 Page 3 of 9 City Council 24 – 10 10/1/2024 designed to ensure compatibility between the residential and non- residential uses on site. The commercial uses have separate entrances from the residential uses, and the parking management plan will manage parking between the residential and nonresidential uses. Each building has a dedicated move -in and commercial loading area that will be screened with roll -up doors and controlled by the property management company. On site lighting will be consistent with Santa Ana Municipal Code Chapter 8 Security Ordinance). Section 2. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (Including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 3. In accordance with the California Environmental Quality Act CEQA), the project has been determined to be adequately evaluated in the previously certified Environmental Impact Report (EIR) No. 2006-01 (SCH No. 2006031041) and Subsequent EIR SEIR No. 2018-15 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2006-01 and SEIR No. 2018-15 and associated Mitigation Monitoring and Reporting Program (MMRP) will be enforced and apply to the proposed project. In addition, a traffic impact analysis dated July 30, 2020 was also prepared by Linscott Law and Greenspan which analyzed the project's impacts on 25 intersections. The off -site improvements listed the Traffic Impact Analysis shall be implemented. A health risk assessment (HRA) was prepared to identify any impacts from developing a residential community near a major freeway. The HRA finds that a less than significant impact to project residents would occur due to the project's proximity to a major freeway. Resolution No. 2020-38 Page 4 of 9 City Council 24 – 11 10/1/2024 Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Site Plan Review No. 2020-04 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 26, 2020, and November 9, 2020, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 91' day of November, 2020 by the following vote: AYES: Contreras -Leo, Garcia, Nguyen, McLoughlin, Morrissey, Phan, Rivera (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) c Marc McLough in Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-38 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 9, 2020. Date: 11 I-D I Vh,tak b-Arv-0— Re&rcling Secretary City of Santa Ana Resolution No. 202G-38 Page 5 of 9 City Council 24 – 12 10/1/2024 Conditions for Approval for Site Plan Review No. 2020-04 Site Plan Review No. 2020-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division 1. All proposed site improvements must conform to the Development Project Review approval of DP No. 2019-26, and the staff report exhibits incorporated herein by reference. 2. Applicant shall agree to all recommendations contained within the required technical studies and reports prepared for the project including the Traffic Impact Analysis dated July 30, 2020. All studies and reports shall be finalized by the Applicant and approved by the City of Santa Ana prior to issuance of building permits. 3. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 4. The full volume (first and second levels) of the commercial square footage within both buildings along Fourth Street shall be maintained for commercial purposes only and may not be converted or used for residential purposes. 5. The publicly accessible open space areas as shown on the open space plan shall remain accessible to the public and include a combination of landscape and hardscape as specified in Section 4.5 of the Metro East Mixed -Use Overlay Zone requirements. 6. A residential property manager shall be available at all times that the Project is occupied and Applicant and onsite management shall at all times maintain a 24- hour emergency contact and contact information on file with the City that is also posted at the entrance to the leasing office for public view. Resolution No. 2020-38 Page 6 of 9 City Council 24 – 13 10/1/2024 7. All Project mechanical equipment shall be screened from view from public and courtyard areas. 8. After Project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 9. Prior to issuance of building permits, the Applicant shall submit a green space plan demonstrating that no less than 50 percent and up to 90 percent of the building rooftops (club room and fitness room, ancillary structures and open amenity deck) above the Type IA building area be landscaped with plant material to the extent feasible. City staff shall have the discretion to determine what is feasible and in compliance with the California Building Code for the building rooftops (residential) above the Type IIIA building area be landscaped with plant material. The green space plan shall be subject to the approval of the Director of Planning and Building Agency or his/her designee. The landscaping shall be installed prior to the issuance of certificate of occupancy and/or building permit finals. (Added by Planning Commission) 10. Prior to the issuance of any building permits the subject site must meet the requirements of the Subdivision Map Act (i.e. a Lot Merger or Parcel Map must be recorded for the subject property). 11. Prior to issuance of any building permits, a final detailed amenity plan must be reviewed and approved by Applicant and the Planning Division. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas, as well as an installation plan. 12. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during Project construction. 13. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the Project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (48 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier. 14. Applicant shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Applicant shall continually monitor and take appropriate measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. Prior to issuance of the certificate of occupancy and/or building permit finals, Applicant shall submit and obtain approval from the Planning and Building Agency a Parking Management Plan (the "PMP") meeting Resolution No. 2020-38 Page 7 of 9 City Council 24 – 14 10/1/2024 the requirements of this condition. The approved PMP shall be adhered to and be enforced by the Project at all times. 15. Prior to Certificate of Occupancy issuance, public art shall be installed on the Project site at a value of one-half of one percent (0.5%) of the total valuation of both buildings. The selection, design, and installation of the art shall be subject to review and approval by the Planning and Building Agency, the Community Development Agency, and the Applicant. 16. Prior to Certificate of Occupancy issuance, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant Resolution No. 2020-38 Page 8 of 9 City Council 24 – 15 10/1/2024 and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms. f) The Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Maintenance Agreement. g) The Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. Resolution No. 2020-38 Page 9 of 9 City Council 24 – 16 10/1/2024 RESOLUTION NO. 2022-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2020-04 FOR THE CENTRAL POINTE MIXED -USE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 9, 2020, the Planning Commission unanimously approved Site Plan Review (SPR) No. 2020-04 by adopting Resolution No. 2020-38 for the Central Pointe mixed -use development, which consists of 644 residential units and 15,130 square feet of commercial space for the property located at 1801 East Fourth Street. B. Pursuant to Section 8.4 of the Metro East Mixed Use (MEMU) Overlay Zone document, Site Plan Review approvals must be exercised within two years of approval or become void after two years of inactivity unless the City Council by resolution extends the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three years. C. As a result of the global Covid-19 pandemic, the California Legislature approved AB 1561, which extended entitlements that were effective prior to March 4, 2020, and that were set to expire before December 31, 2021. Due to the various dates of approval and expiration on November 9, 2020 and November 9, 2022, AB 1561 does not apply to the subject entitlement. Therefore, an extension by the City Council pursuant to Section 8.4 of the MEMU Overlay Zone is being requested by the applicant. D. Due to difficulties in securing funding, labor, and construction materials stemming from the global Covid -19 pandemic, the applicant has been unable to move forward with the development and is requesting an extension for the Site Plan Review. E. It is the Planning Division's policy to recommend no more than one-year extensions at a time, mainly in an effort to encourage the construction of previously approved projects. Resolution No. 2022-062 Page 1 of 3 City Council 24 – 17 10/1/2024 F. Upon the securing of funding for the project, the applicant intends to obtain all necessary building permits for the project by submitting plans for building plan check within the next year. G. The applicant filed a request for the extension on May 31, 2022. The extension request came before the City Council on July 19, 2022. H. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. Section 2. Site Plan Review No. 2020-04 is hereby extended for a period of one (1) year from the original date of expiration to November 9, 2023. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated July 19, 2022, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 19th day of July. 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jo6i M. Funk Chief Assistant City Attorney Resolution No. 2022-062 Page 2 of 3 City Council 24 – 18 10/1/2024 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Hernandez, Lopez, Mendoza, Penaloza, Bacerra, Sarmiento (6) None (0) Phan (1) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-062 to be the original resolution adopted by the City Council of the City of Santa Ana on Julv 19, 2022. Date: b ad ,JV .— . A. 0'' 6,Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2022-062 Page 3 of 3 City Council 24 – 19 10/1/2024 RESOLUTION NO. 2023-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2020-04 FOR THE CENTRAL POINTE MIXED -USE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 9, 2020, the Planning Commission unanimously approved Site Plan Review (SPR) No. 2020-04 by adopting Resolution No. 2020-38 for the Central Pointe mixed -use development, which consists of 644 residential units and 15,130 square feet of commercial space for the property located at 1801 East Fourth Street. B. Pursuant to Section 8.4 of the Metro East Mixed Use (MEMU) Overlay Zone document, Site Plan Review approvals must be exercised within two years of approval or become void after two years of inactivity unless the City Council by resolution extends the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three years. C. Taking into account the results of the global Covid-19 pandemic and its effects on securing funding, labor, and construction materials, the City Council approved the applicant's first request for a one-year entitlement extension on July 19, 2022 (City Council Resolution No. 2022-062). The approval of the initial request extended the subject project's entitlements until November 9, 2023. D. Recent increases in interest rates beginning the first quarter of 2022 and continuing through 2023, and their impacts on construction loans and land development costs, have resulted in additional delays to the project's ability to complete the plan check process, pull permits, and break ground on the project by the November 9, 2023 deadline that was established by the last City Council -approved entitlement extension (City Council Resolution No. 2022-062). E. It is the Planning Division's policy to recommend no more than one-year extensions at a time, mainly in an effort to encourage the construction of previously approved projects. F. Upon the completion of the plan check process and securing of funding for the project, the applicant intends to obtain all necessary building permits for Resolution No. 2023-061 Page 1 of 4 City Council 24 – 20 10/1/2024 the project by submitting plans for building plan check and break ground on the project to effectuate its entitlements within a timely manner. G. The applicant filed the request and submitted filing fees for the second extension on August 28, 2023. The extension request came before the City Council on September 19, 2023. H. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. Section 2. Site Plan Review No. 2020-04 is hereby extended for a period of one (1) year from the first extension deadline of November 9, 2023 to November 9, 2024. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated September 19, 2023, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 19"' day of September, 2023. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:A, Jonathan T. Martinez JO Assistant City Attorney Resolution No. 2023-061 Page 2 of 4 City Council 24 – 21 10/1/2024 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Amezcua, Bacerra, Hernandez, Lopez Penaloza, Vazquez (6) None (0) Phan (1) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-061 to be the original resolution adopted by the City Council of the City of Santa Ana on September 19, 2023. Date: i 1 Zl 123 V City of Santa Ana Resolution No. 2023-061 Page 3 of 4 City Council 24 – 22 10/1/2024 City Council 24 – 23 10/1/2024 City Council 24 – 24 10/1/2024 City Council 24 – 25 10/1/2024 City Council 24 – 26 10/1/2024 City Council 24 – 27 10/1/2024 City Council 24 – 28 10/1/2024 City Council 24 – 29 10/1/2024 City Council 24 – 30 10/1/2024 City Council 24 – 31 10/1/2024 City Council 24 – 32 10/1/2024 City Council 24 – 33 10/1/2024 City Council 24 – 34 10/1/2024 City Council 24 – 35 10/1/2024 City Council 24 – 36 10/1/2024 City Council 24 – 37 10/1/2024 City Council 24 – 38 10/1/2024 City Council 24 – 39 10/1/2024 City Council 24 – 40 10/1/2024 City Council 24 – 41 10/1/2024 City Council 24 – 42 10/1/2024 City Council 24 – 43 10/1/2024 City Council 24 – 44 10/1/2024 City Council 24 – 45 10/1/2024 City Council 24 – 46 10/1/2024 City Council 24 – 47 10/1/2024 City Council 24 – 48 10/1/2024 City Council 24 – 49 10/1/2024 City Council 24 – 50 10/1/2024 City Council 24 – 51 10/1/2024 City Council 24 – 52 10/1/2024 City Council 24 – 53 10/1/2024 City Council 24 – 54 10/1/2024 City Council 24 – 55 10/1/2024 City Council 24 – 56 10/1/2024 City Council 24 – 57 10/1/2024 City Council 24 – 58 10/1/2024 City Council 24 – 59 10/1/2024 City Council 24 – 60 10/1/2024 City Council 24 – 61 10/1/2024 City Council 24 – 62 10/1/2024 City Council 24 – 63 10/1/2024 City Council 24 – 64 10/1/2024 City Council 24 – 65 10/1/2024 City Council 24 – 66 10/1/2024 City Council 24 – 67 10/1/2024 City Council 24 – 68 10/1/2024 City Council 24 – 69 10/1/2024 City Council 24 – 70 10/1/2024 City Council 24 – 71 10/1/2024 City Council 24 – 72 10/1/2024 City Council 24 – 73 10/1/2024 City Council 24 – 74 10/1/2024 City Council 24 – 75 10/1/2024 City Council 24 – 76 10/1/2024 City Council 24 – 77 10/1/2024 City Council 24 – 78 10/1/2024 City Council 24 – 79 10/1/2024 City Council 24 – 80 10/1/2024 City Council 24 – 81 10/1/2024 City Council 24 – 82 10/1/2024 City Council 24 – 83 10/1/2024 City Council 24 – 84 10/1/2024 City Council 24 – 85 10/1/2024 City Council 24 – 86 10/1/2024 City Council 24 – 87 10/1/2024 City Council 24 – 88 10/1/2024 City Council 24 – 89 10/1/2024 City Council 24 – 90 10/1/2024 Parks, Recreation, and Community Services www.santa-ana.org/parks-recreation Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Youth Commission Bylaws AGENDA TITLE Proposed Revisions to Youth Commission Bylaws RECOMMENDED ACTION Adopt a resolution approving revised bylaws for the Youth Commission to reflect a new meeting date and time, update procedures, and make clerical edits. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Youth Commission acts in an advisory capacity to the City Council in matters pertaining to youth and teen services and programs. At their meeting of August 7, 2024, the Youth Commission proposed that the Youth Commission bylaws be amended, specifically Section 5.0 Meetings, 5.4 Regular Meetings. At their meeting of September 16, 2024, the Youth Commission by a vote of 6-0, approved moving the date of regular Youth Commission meetings from the first Wednesday of the month to the third Monday of the month at 6:00 pm. Additionally, staff proposes a change to Section 5.0 Meetings, 5.2 Procedures, to reflect the use of Rosenberg’s Rules of Order to govern the general conduct of meetings, in alignment with the City Council rules and procedures, along with non-substantive clerical edits throughout the bylaws. Pursuant to Santa Ana Municipal Code Section 2-453, the bylaws of the Youth Commission shall be approved by the City Council. City Council 25 – 1 10/1/2024 Youth Commission Bylaws October 1, 2024 Page 2 4 5 9 1 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 with Exhibit A 2. Youth Commission Bylaws (Red-Lined) Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services Approved By: Alvaro Nuñez, City Manager City Council 25 – 2 10/1/2024 Resolution No. 2024-XXX Page 1 of 2 #434358v1 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE YOUTH COMMISSION WHEREAS, on September 1, 2020, Ordinance No. NS-2992 was adopted by the City Council, modernizing the municipal code by organizing and consolidating all boards, commission, and committee matters into Chapter 2; and WHEREAS, revised bylaws for the Youth Commission were developed to be in alignment with Ordinance No. NS-2992; and WHEREAS, the existing bylaws of the Youth Commission were approved by City Council on June 15, 2021 via Resolution No. 2021-036; and WHEREAS, the Youth Commission and staff propose various changes to the exiting bylaws of the Youth Commission; and WHEREAS, Santa Ana Municipal Code Section 2-453 requires that the City Council approve the Youth Commission bylaws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The revised bylaws for the Youth Commission, attached as Exhibit A, are hereby approved. Section 2. This Resolution shall take effect immediately upon the signing of this Resolution by the City Council and the City Clerk shall attest to and certify this the vote adopting this Resolution. ADOPTED this ___ day of __________, 2024. _______________________ Valerie Amezcua Mayor City Council 25 – 3 10/1/2024 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_________________________ Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: _________________________________________ NOES: Councilmembers: _________________________________________ ABSTAIN: Councilmembers: _________________________________________ ABSENT: Councilmembers: _________________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on ____________, 2024. Date:_______________ _______________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 25 – 4 10/1/2024 YOUTH COMMISSION BYLAWS 1.0 NAME The name of this advisory body of the City of Santa Ana shall be the Youth Commission (hereinafter "Commission"). 2.0 RESPONSIBILITIES AND DUTIES OF COMMISSION 2.1 Act in an advisory capacity to the City Council in matters pertaining to youth and teen services, programs, and cooperation with other public and/or private agencies; 2.2 Act in an advisory capacity and consider the proposed annual budget for the Parks, Recreation and Community Services Agency and make recommendations regarding youth services to the City Manager and/or City Council; 2.3 Act in an advisory capacity to the City Council in recommending policies and/or legislation for improving the position of the youth in the City of Santa Ana; and 2.4 Perform such other duties as may be directed by the City Council. 3.0 MEMBERSHIP Except as otherwise specified in the city charter, the members of the commission shall be appointed, and may be removed, by the City Council, subject in both appointment and removal by the affirmative votes of a majority of the members. 3.1 VACANCIES Vacancies arising from whatever cause shall be filled pursuant to Santa Ana Municipal Code Section 2-326. 3.2 REMOVAL A Commissioner may be removed by the City Council from the commission in the following circumstances: 3.2.1 Absent from two (2) regular meetings consecutively without permission of the commission expressed in its official minutes; or 3.2.2 Fails to attend at least one-half of the regular meetings within a calendar year; or 3.2.3 Is convicted of a crime involving moral turpitude; or 3.2.4 Ceases to be a resident of the city. 4.0 OFFICERS The commission shall elect from its members a chairperson and vice chairperson, each of whom shall serve in such position for the term of one (1) year. No member shall serve in the position of chairperson for more than one (1) term. Exhibit A City Council 25 – 5 10/1/2024 4.1 ELECTION The election of each chairperson and vice-chairperson shall be held annually at the July meeting and officers assume their elected positions at the August meeting. 4.2 CHAIR The Chair shall be responsible for the general supervision, direction, and control of the business and affairs of this Commission. The Chair shall preside over all meetings and represent the Commission, the City Council, and City staff. 4.3 VICE CHAIR In the absence or resignation of the Chair, the Vice Chair shall perform all of the duties of the Chair, and in so acting, shall have all of the authority of the Chair. The Vice Chair shall have such other powers and perform such other duties as may be prescribed by the Commission. 5.0 MEETINGS All meetings shall be open to the public and shall conform to the provisions of the "Ralph M. Brown Act". 5.1 AGENDA Agenda items may be submitted thirty-days in advance by any Commissioner upon notification to the Chair or City liaison. The agenda shall be established with items as coordinated by the Chair and Recording Secretary. 5.2 PROCEDURES Rosenberg’s Rules of Order shall govern the general conduct of meetings. 5.3 QUORUM A majority of the Commission Members shall constitute a quorum. A majority vote of all Commission Members shall be required to carry a motion, proposal, and/or resolution. 5.4 REGULAR MEETINGS Regular meetings of the Commission are scheduled for the Third Monday of the month at 6:00 pm. All regular meeting agendas shall be posted in a location accessible to the public at least 72 hours before the time of the meeting and must describe the business to be transacted. The Chair and Recording Secretary may cancel meetings for any reason(s) deemed necessary or infeasible to hold the scheduled meeting. Revised: October 1, 2024 Revised: June 15, 2021 Approved: November 17, 2015 City Council 25 – 6 10/1/2024 Exhibit 2 PROPOSED YOUTH COMMISSION BYLAWS 1.0 NAME The name of this advisory body of the City of Santa Ana shall be the Youth Commission (hereinafter "Commission"). 2.0 RESPONSIBILITIES AND DUTIES OF COMMISSION 2.1 Act in an advisory capacity to the Ccity Ccouncil in matters pertaining to youth and teen services, programs, and cooperation with other public and/or private agencies; 2.2 Act in an advisory capacity and consider the proposed annual budget for the Pparks, Rrecreation and Ccommunity Sservices Aagency and make recommendations regarding youth services to the Ccity Mmanager and/or Ccity Ccouncil; 2.3 Act in an advisory capacity to the Ccity Ccouncil in recommending policies and/or legislation for improving the position of the youth in the City of Santa Ana;and 2.4 Perform such other duties as may be directed by the cCity cCouncil. 3.0 MEMBERSHIP Except as otherwise specified in the city charter, the members of the commission shall be appointed, and may be removed, by the Ccity Ccouncil, subject in both appointment and removal by the affirmative votes of a majority of the members. 3.1 VACANCIES Vacancies arising from whatever cause shall be filled pursuant to Santa Ana Municipal Code Section 2-326. 3.2 REMOVAL A Commissioner may be removed by the cCity Ccouncil from the commission in the following circumstances: 3.2.1 Absent from two (2) regular meetings consecutively without permission of the commission expressed in its official minutes; or 3.2.2 Fails to attend at least one-half of the regular meetings within a calendar year; or 3.2.3 Is convicted of a crime involving moral turpitude; or 3.2.4 Ceases to be a resident of the city. 4.0 OFFICERS The commission shall elect from its members a chairperson and vice chairperson, each of whom shall serve in such position for the term of one (1) year. No member shall serve in the position of chairperson for more than one (1) term. City Council 25 – 7 10/1/2024 Exhibit 2 Proposed Youth Commission Bylaws Page 2 of 2 4.1 ELECTION The election of each chairperson and vice-chairperson shall be held annually at the July meeting and officers assume their elected positions at the August meeting. 4.2 CHAIR The Chair shall be responsible for the general supervision, direction, and control of the business and affairs of this Commission. The Chair shall preside over all meetings and represent the Commission, the City Council, and City staff. 4.3 VICE CHAIR In the absence or resignation of the Chair, the Vice Chair shall perform all of the duties of the Chair, and in so acting, shall have all of the authority of the Chair. The Vice Chair shall have such other powers and perform such other duties as may be prescribed by the Commission. 5.0 MEETINGS All meetings shall be open to the public and shall conform to the provisions of the "Ralph M. Brown Act". 5.1 AGENDA Agenda items may be submitted thirty-days in advance by any Commissioner upon notification to the Chair or City liaison. The agenda shall be established with items as coordinated by the Chair and Recording Secretary. 5.2 PROCEDURES Robert's Rosenberg’s Rules of Order shall govern the general conduct of meetings. 5.3 QUORUM A majority of the Commission Members shall constitute a quorum. A majority vote of all Commission Members shall be required to carry a motion, proposal, and/or resolution. 5.4 REGULAR MEETINGS Regular meetings of the Commission are scheduled for the Third First Monday Wednesday of the month at 6:00 pm . All regular meeting agendas shall be posted in a location accessible to the public at least 72 hours before the time of the meeting and must describe the business to be transacted. The Chair and Recording Secretary may cancel meetings for any reasons deemed unnecessary or infeasible to hold the scheduled meeting. City Council 25 – 8 10/1/2024 Planning and Building Agency and Public Works Agency www.santa-ana.org/planning-and-building/ Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Staff Resolution Modifying Parking Districts in the Surrounding Area AGENDA TITLE Continued Public Hearing: Amendment Application (Zone Change) No. 2023-03, Development Agreement No. 2023-02, Vesting Tentative Tract Map No. 2023-01, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Notice of Continuance posted on September 18, 2024. RECOMMENDED ACTIONS 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 2022-01 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; City Council 26 – 1 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 2 4 5 1 6 RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 2023-03 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023- 03 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 2023-02; ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023-02 FOR A MIXED-USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2023-01 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2023-01 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXED-USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: City Council 26 – 2 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 3 4 5 1 6 6. Adopt a Resolution Amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91-088, RESOLUTION NO. 93-076 AND RESOLUTION NO. 2000-062 REGARDING PERMIT PARKING DISTRICT PETITIONS [includes determination that the action is not a “project” subject to the California Environmental Quality Act and no environmental review is required] GOVERNMENT CODE §84308 APPLIES: Yes EXECUTIVE SUMMARY Steven Oh, with RCR Bristol LLC (Applicant), on behalf of Greenville Ranch LLC, BSG West Bristol LLC, and MCG Bristol West LLC (Property Owners), is seeking approval of various entitlements to facilitate establishment of a new Specific Plan (SP) and construction of a new, mixed-use urban village. The project site is located on a 41-acre site bounded by Bristol Street to the east, Sunflower Avenue to the south, Plaza Drive to the west, and MacArthur Boulevard to the north, generally referred to as Callens Common and Metro Town Square in the South Bristol Street Focus Area of the General Plan. The site is located within the southern portion of Santa Ana at 3600, 3606, 3732, 3701, 3719, 3810, 3814, 3820, and 3900 South Bristol Street. The site includes the following nine parcels: Assessor Parcel Nos. 412-131-12, 412-131-13, 412-131-14, 412- 131-16, 412-131-17, 412-131-22, 412-131-24, 412-131-25, and 412-131-26, collectively referred to as 3600 South Bristol Street. The SP proposes up to 3,750 residential units, 200 units of senior continuum of care living, a 250 room key hotel (approximately 150,000 square feet), 350,000 square feet of commercial space, and approximately 13.1 acres of publicly accessible open space, which will be comprised of active/programmed open space, passive open space, plazas, paseos, a connecting Greenlink through the site, and similar green spaces. Staff is recommending approval of the request because the proposed SP is consistent with the General Plan land use designation for the site, implements the goals and vision of the South Bristol Street Focus Area of the General Plan, and provides for a high-quality mixed-use urban village that will contribute community benefits and new economic development opportunities for Santa Ana. City Council Hearing on September 17, 2024 At its regular meeting on September 17, 2024, the City Council received a staff presentation, opened the public hearing, and took public comments on the item. A total City Council 26 – 3 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 4 4 5 1 6 of 37 individuals spoke on the item, including three individuals representing the applicant and two representing onsite land ownership. Comments ranged from those in support, those without a clear position, and those opposed. The nature of the comments in support focused on opportunities to develop the site with a new, mixed-use village that would generate positive impacts for the City and surrounding communities, while those with no clear position or in opposition focused on concerns surrounding traffic, increases in rent, and the lack of project labor agreements. Following public comments, the public hearing was closed and the item returned to the City Council for discussion. City Council members posed nine (9) questions about the project for follow-up by the applicant and staff, after which the City Council unanimously voted to continue the matter to the regularly scheduled meeting of October 1, 2024. Exhibit 21 outlines the City Council questions to the applicant and their responses. Exhibit 22 outlines the City Council questions for staff and contains staff responses. Planning Commission Hearing on August 12, 2024 The Planning Commission considered the project on August 12, 2024, and unanimously voted to recommend that the City Council approve the requested entitlements and development agreement. As part of its motion, the Planning Commission expressed a desire for two additional considerations, detailed below: 1. Describe applicability of inclusionary housing requirements to the senior continuum of care units. The motion by the Planning Commission includes a provision for the City Council staff report to further the applicability of inclusionary housing requirements to the senior continuum of care units. Pursuant to the Affordable Housing Creation and Opportunity Ordinance (AHOCO)/Santa Ana Municipal Code (SAMC) Sections 41-1903(a) and 41- 1904, the draft development agreement (DA) provides for the applicant to pay an in-lieu fee of $5 per square foot of habitable residential area, contingent on timely payment of the $22 million community benefit payment required by the DA. The project proposes up to 200 senior continuum of care units, which are not residential units and are instead considered commercial. The facility will offer long-term living accommodations for seniors, offering a range of supportive services that render the land use commercial, not residential. Should the applicant wish to convert these senior continuum of care units to residential units, regardless of age registration, the AHOCO would apply. These units would therefore be subject to the inclusionary housing requirements of the DA because they would then be considered residential and would not be exempt City Council 26 – 4 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 5 4 5 1 6 from being required to pay the $5 per square foot of habitable residential area in-lieu fee. 2. Create a community benefit payment citizen oversight committee. The DA requires a $22 million community benefit payment that will be spent at the direction of the City Council. The motion by the Planning Commission includes a provision for the City Council to appoint a resident oversight committee to advise the City Council how these funds should be spent. This oversight committee would not apply to the estimated $18 million in affordable housing in-lieu fees that are expected to be paid as part of development of the project. Prior to the August 12, 2024 3:30 p.m. electronic comments submission deadline, the City received 25 public comments on the project that were submitted online. The majority of the comments were in opposition and focused on concerns such as density, open space, traffic, and parking. The City prepared written responses for each comment; the responses were uploaded to the record and printed for the public hearing prior to the 5:30 p.m. meeting. Those responses are attached to this report as Exhibit 14. During the public hearing, a total of 29 individuals provided comments on the project. Of the 29 comments, 18 were in support, one (1) was in opposition, and 10 expressed no clear position. The nature of the comments in support centered on the project’s proposed improvements and contributions to the community, while those in opposition or with no clearly stated position centered on concerns about density, open space, traffic, parking, and oversight of how the DA’s $22 million community benefit payment would be spent. Additional Clarifications and Refinements Subsequent to the August 12th Planning Commission hearing, the Applicant requested two refinements to the Development Agreement that further clarify certain issues within the Development Agreement. The first refinement is responsive to the Commission’s provision regarding the applicability of the inclusionary housing requirements to the senior continuum of care component of the Development Agreement. The Agreement has been refined to clearly state that the inclusionary housing ordinance does not exempt age-restricted or senior residential housing from meeting affordability requirements and should the applicant wish to convert the senior continuum of care units to residential units, these units would be subject to the inclusionary housing requirements under the Agreement and would be required to pay the $5 per square foot of habitable residential area in-lieu fee. City Council 26 – 5 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 6 4 5 1 6 The Second refinement is for the purpose of advancing the development of the open space on the Project Site. The Applicant is proposing to refine the Agreement to clarify and provide the applicant the ability for early development of the open space proposed in Phase III as part of an earlier Phase (i.e. Phase II) without triggering the payment of the final $8 million community benefit payment. The refinement is a positive investment and further commits the applicant to completing the project. Both refinements do not modify the substance of the Agreement as recommended by the Planning Commission and have been included in the draft Development Agreement attached as Exhibit 8. Furthermore, the refinements endeavor advancing the project and community benefits and are agreeable to Staff. DISCUSSION Table 1: Project and Location Information Item Information Project Address and Council Ward 3600 S. Bristol Street – Ward 4 Nearest Intersections 41-acre site bounded by Bristol Street to the east, Sunflower Avenue to the south, Plaza Drive to the west, and MacArthur Boulevard to the north General Plan Designation Existing: District Center High (DC-5) Proposed: District Center High (DC-5) (no change) Zoning Designations Existing: General Commercial (C2) in the general northern portion of the site and Commercial Residential (CR) in the general southern portion of the site Proposed: Related Bristol Specific Plan (SP No. 5) Surrounding Land Uses North East South West Commercial Commercial South Coast Plaza Regional Commercial Center (City of Costa Mesa) Commercial and Multiple-Family Residences Property Size 41.13 acres Existing Site Development The site is currently developed with various commercial uses, including big-box retail, neighborhood retail, eating establishments, service and health club uses, professional offices, and surface parking lots. Use Permissions Mixed-use urban villages permissible by the DC-5 General Plan land use designation Zoning Code Sections Affected Uses Development Standards Division 25 (Specific Plan) of Article II of Chapter 41 (Zoning) of the Santa Ana Municipal Code Appendix A, Table LU-A-1 (Interim Development Standards) of the General Plan Land Use Element Project Description The Specific Plan proposes development of a new, mixed-use urban village consisting of residential, commercial, hospitality, senior care, and open space uses on the 41-acre site. The site is designed as a 21 village block layout in a grid pattern, each with mixed- City Council 26 – 6 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 7 4 5 1 6 use land uses. The northern portion of the site, blocks 1 through 10 (north of Callens Common), would contain up to 2,375 residential units, 100,000 square feet of commercial space, 2.5 acres of open space known as the Bristol Central Park, 0.25 acres of paseos and green-links, and 4.3 acres of other open space areas as plazas and other green spaces. Moreover, the building contained in block 4 would contain approximately 16,000 square feet of amenity interior space for private use by residents of the new community. Design guidelines and development standards for this portion of the site are intended to produce a medium-intensity village to transition the site from the urban uses at the southern end to the existing, medium-intensity residential communities and commercial developments to the north of the project site. The southern portion of the site (“Village Core”), blocks 11-21 (south of Callens Common), would form the mixed-use, urban core of the project site. This portion would contain up to 1,375 residential units, 250,000 square feet of commercial space, 250 hotel room keys, 200 units of senior continuum of care living, 1.5 acres of open space known as the Bristol Plaza/Bristol Green, 0.3 acres of paseos and green-links, and 4.3 acres of other open space areas in the form of plazas, parks, and other green spaces. As this portion of the site would contain fewer residential units and more commercial space, design guidelines and development standards for this portion of the site are intended to produce an urban heart for the community, with medium- to high-intensity development that matches the scale of development surrounding the southern portion of the project site. Table 2: Specific Plan Land Use and Parking Summary Land Use Proposed Intensity Existing Intensity Proposed Parking Residential Up to 3,750 units 0 units 1.3 constructed spaces per unit, inclusive of up to 10% tandem/compact (up to 2.0 spaces per unit with parking management and valet) Senior Living/Continuum of Care Up to 225,000 square feet/200 units 0 square feet/units 0.6 spaces per unit, subject to approval of a coordinated transportation management service Hospitality (Hotel)Up to 150,000 square feet/250 room keys 0 square feet/room keys 0.6 spaces per room key Commercial Up to 350,000 square feet 465,063 gross square feet 4.0 spaces per 1,000 square feet City Council 26 – 7 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 8 4 5 1 6 Land Use Proposed Intensity Existing Intensity Proposed Parking Open Space (Publicly Accessible) Up to 13.1 acres 0 acres N/A Total Parking Spaces Constructed: 6,520 With Valet: 8,940 In addition to the uses above, the SP is structured to foster creation of a multi-modal, mixed-use urban village to implement the vision of the General Plan for the South Bristol Street Focus Area. Development standards are proposed to establish wide sidewalks along all street frontages, pedestrian pathways with opportunities for outdoor dining, landscape buffers between the sidewalks and street, bike lanes, and landscape medians. The site would be developed as 21 blocks; multiple roadways designed to create a grid pattern found in contemporary, mixed-use villages as a means of creating more walkable, pedestrian-scaled communities would bisect the site. Onsite roadways would also be designed with similar principles, with sidewalks, landscape buffers, on- street parking, and vehicle travel lanes. Residential and Senior Care Components The SP would allow for up to 3,750 residential units. As proposed, all residential units would be multi-family units in midrise structures. The majority of the project’s 21 blocks would contain upper-level residential units, while some of the blocks in the northern portion would contain ground-level residential units, similar to the existing developments to the west and north of the project site. As the requested actions would establish a specific plan, individual residential buildings and unit configurations would be reviewed as each implementing project is submitted to the City for review through the administrative Development Project Review process, similar to what takes place in other master-planned areas of the City, such as the MainPlace or Harbor Boulevard specific plan areas. Should individual buildings fail to satisfy the development standard and design requirements of the Specific Plan, they would be remanded to the Planning Commission for review. In addition to the residential component, the SP would allow for up to 200 senior continuum of care living units, which are commercial in nature. This component would allow for “aging in place,” with a range of services and living accommodations ranging from assisted living to skilled nursing and memory care, similar to existing facilities found in Santa Ana such as Town & Country Manor near City Place. In the SP, the senior continuum of care living units are envisioned to form one of two high-rises in the community, with the other being the hotel. As proposed, the facility would contain 20 stories (285 feet maximum) and provide for 0.6 parking spaces per unit, a rate that takes into account reduced private vehicle ownership by residents but that also provides for enough staff and service parking. City Council 26 – 8 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 9 4 5 1 6 Commercial and Hotel Components The SP would allow for up to 350,000 square feet of commercial space for a variety of retail, eating establishment, service, and complementary uses designed to promote a high-quality, urban village. The SP proposes a use matrix that focuses the most intense commercial development in the southern portion of the site that is adjacent to South Coast Plaza and the adjacent, existing commercial and high-rise office uses in the area. Should uses and definitions transition over time, the SP contains flexibility that allows the Executive Director of the Planning and Building Agency to issue a use determination while maintaining consistency with the purposes and intent of the SP. To ensure a broad range of regional and local-serving commercial uses are provided for in the site, the SP proposes a variety of commercial space configurations. Commercial uses will be permissible in mixed-use residential and commercial buildings, as standalone commercial buildings in the southern heart of the Village Core area, or integrated as part of the proposed hotel. The commercial component of the SP will be parked at four (4) spaces per 1,000 square feet of gross floor area, a rate which is commensurate with commercial parking ratios for planned shopping centers. In addition to the 350,000 square feet of commercial space, the SP proposes a 250 room key hotel at the southern portion of the Village Core with full amenities, such as dining, conference, and business centers, rooftop amenities, and other features commensurate with high-quality hospitality uses. In the SP, the hotel would form one of two high-rises in the community, with the other being the senior continuum of care living units. As proposed, the hotel would contain 25 stories (285 feet maximum) and provide for 0.6 parking spaces per hotel room key, a rate that takes into account the site’s proximity to John Wayne Airport and reduced demand for parking by individual guests but that is 0.5 spaces per room less than standard Santa Ana Municipal Code (SAMC) requirements. Open Space A total of up to 13.1 acres, or almost one-third, of the project site are proposed as publicly accessible open space areas. These open space areas are envisioned in a variety of formats, including the Bristol Central Park (2.5 acres) in the northern portion of the site, the Bristol Green and Bristol Plaza (1.5 acres combined) in the Village Core (southern) portion of the site, and various paseos and green-links (9.1 acres), which are travel ways with generous landscaped areas for cyclists and pedestrians. Open space areas will be programmed for a variety of uses, such as active and passive recreation, amphitheaters and performances, farmers markets, kiosks, and other supportive uses designed to ensure long-term quality and use by Santa Ana residents, community organizations, and businesses. City Council 26 – 9 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 10 4 5 1 6 The proposed open space amounts to an average of 200 square feet per residential unit. The SP requires a minimum of 50 square feet of private open space per residential unit through balconies or patios, while the remaining 150 square feet of open space per unit will be in common open space areas for residences. These include courtyards, pool and spa areas, dog parks, roof decks, fitness rooms, business centers, and other amenities typically found in highly-amentized residential communities. Specific Plan A specific plan is a zoning tool available to local jurisdictions to establish a master plan that ensures high-quality, long-term development over a defined area. The specific plan has been identified as the appropriate zoning tool for the project site to implement the Land Use Element of the General Plan, and due to the desire to redevelop the site with new uses over time; to ensure high-quality streetscape, open space, architectural, and landscape design; and to reflect the single ownership of the entire project site. California Government Code Sections 65450 through 65457 address specific plans. Section 65451 of the California Government Code mandates that a specific plan contain the following components: Introductory Plan Information, Summary, Introduction, Land Use Planning and Regulatory Provisions, Infrastructure Plan, Program of Implementation Measures, Relationship of the Specific Plan’s Environmental Document to Subsequent Discretionary Projects, Specific Plan Administration, Specific Plan Enforcement, and Appendices. Moreover, a specific plan must contain provisions or requirements for funding of public improvements and collection of fees. The proposed Related Bristol Specific Plan, Specific Plan No. 5 (SP-5), contains the required components listed above (Exhibit 7). The Specific Plan details the site’s context and setting, including its relationship with the surrounding community and its intent of creating a mixed-use urban village with commercial, employment, residential, open space, and visitor amenities and components that are consistent with the vision of the General Plan. Specific plans are a mechanism to ensure that projects develop in an organized and a cohesive manner. Specific plans incorporate a development framework for land use, circulation, and infrastructure including drainage, sewer, and water facilities. Specific Plans also set the guidelines for implementing projects within the SP area relating to architecture, urban design, and landscaping. The Specific Plan is intended to achieve the following: •Ensure consistency with the General Plan by carrying out its applicable goals, policies, and requirements. City Council 26 – 10 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 11 4 5 1 6 •Implement the General Plan vision that the Specific Plan for the South Bristol Street Focus Area establish the building improvements, infrastructure, recreational features, and other identified facilities, services, and amenities (collectively, the Plan development features) and shall be guided by the standards and guidelines provided by this Specific Plan. •Provide for the improvements necessitated by the development within the Specific Plan area. •Comply with all requirements of Specific Plan law, including the provision of financing. A comprehensive set of design guidelines and development regulations are included to guide and regulate site planning, landscape, and architectural character within the Specific Plan area ensuring that excellence in design is achieved during project development. The Related Bristol Specific Plan establishes the procedures and requirements to approve new development within the SP area. In addition, SP-5 contains six guiding principles that are intended to realize the success of the site and the General Plan as a regional destination and as a contributor to the existing community. The six guiding principles are: 1. Economic Activity – Related Bristol offers a uniquely urban setting in the heart of Orange County, leveraging walkability, place-making, and vibrant mixed-use density to add value to the greater neighborhood and City. Related Bristol addresses the evolving nature of retail and commercial real estate which necessitates a strategic holistic approach to ensure economic vitality into the future. 2. Culture – Related Bristol will be a dynamic mixed-use hub for the community and complementary of neighborhood cultural touchstones. 3. Community, Inclusion, and Connectivity – Related Bristol is shaped around dynamic open spaces that unite the residents, neighborhood, and greater community. The publicly accessible open space serves as a destination for both organized and informal community connections. 4. Mobility – Related Bristol's multi-modal mobility strategy prioritizes the pedestrian experience, while strategically addressing the realities of vehicular traffic. Additionally, the central location of the site presents the opportunity for increased connectivity to the greater neighborhood via bicycle paths. 5. Sustainability and Resilience – Related Bristol will take proactive measures to address the sustainability and resilience needs of the site. Avenues for reduced energy consumption, heat island effect, and water use will be considered. 6. Urban Form and Architectural Quality – Related Bristol’s urban form will be characterized by its human scale, its engaging, memorable architecture, and the flow between indoor and outdoor spaces. City Council 26 – 11 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 12 4 5 1 6 Implementing projects would be submitted to the City for review on a case-by-case basis, requiring administrative review unless thresholds are met to require review and approval by the Planning Commission and/or City Council. Development regulations within the SP will ensure that projects are constructed pursuant to standards establishing setbacks and pedestrian zones, parking, and height. Allowable uses are defined for the two different sub-districts within the SP to ensure compatibility with surrounding communities. Design Guidelines and Implementation sections within the SP will ensure that implementing projects are high-quality and reviewed consistently, streamlining the process for new developments in the SP area. Project Background The Land Use Element of the General Plan references that “Interim Development Standards provide a framework for connecting the General Plan land use designations for each focus area with the City's existing zoning ordinance, specific plan(s), and/or specific development(s) plan provisions in regards to the use and mixed-use development standards (i.e. density, building type, parking, open space, etc.).” However, the Land Use Element references development or adoption of specific plans as a tool to implement the General Plan post-adoption (Action No. 2.12). As the General Plan Update was completed and adopted in April 2022, the proposed SP-5 has been identified as the appropriate tool to entitle the proposed site development. General Plan Update (2022) In April 2022, the City Council adopted an updated General Plan that establishes the long-term vision for the City of Santa Ana, and provides a vision for the site as a gateway into the City designed as a high intensity mixed-use urban village. The proposed SP and its development program are consistent with, and implement, that vision. The General Plan Land Use Element contains five Focus Areas, which are portions of Santa Ana that were analyzed through a seven-year visioning process with the community to evaluate potential for new or modified land uses. The project site is within the South Bristol Street Focus Area, which according to the General Plan, “represents Santa Ana’s southern gateway and is a part of the successful South Coast Metro area. Between Sunflower and Alton Avenues, the District Center land use designation will create opportunities to transform auto-oriented shopping plazas to walkable, bike- friendly, and transit-friendly urban villages that incorporate a mix of high intensity office and residential living with experiential commercial uses.” According to the General Plan, the South Bristol Street Focus Area contains 220 existing housing units but envisions 5,272 additional housing units. The Focus Area envisions a built environment with the following components: City Council 26 – 12 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 13 4 5 1 6 1. New development will establish vibrant public outdoor space appropriately scaled to the size and type of project. 2. Building design should be dynamic and strong, creating a distinct impression. 3. Office and Mixed-use spaces of similar scale to those south of Sunflower Avenue are envisioned between Sunflower Avenue and MacArthur Boulevard. The City’s intent for this area builds off the South Bristol Street Objectives as outlined on page LU-61 of the General Plan Land Use element: •Capitalize on the success of the South Coast Metro area; •Introduce mixed-use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit oriented; •Realize an intense, multistory presence along the corridor; and •Provide for mixed-use opportunities while protecting adjacent, established low density neighborhoods. Within the South Bristol Street Focus Area, the SP area is designated District Center- High (DC-5). The District Center designation includes the major activity areas of the City of Santa Ana, designed to serve as anchors to the City’s commercial corridors and to accommodate major development activity. Table LU-8 of the General Plan identifies the DC-5 area as allowing a maximum Floor Area Ratio of 5.0, or 125 dwelling units per acre and a maximum building height of 25 stories. The General Plan’s District Center designation would allow up to 8,733,780 square feet of mixed uses, inclusive of residential uses, based on the maximum FAR of 5.0 over the 41.13-acre project site. As proposed, the Specific Plan will result in an FAR of 2.7, which is within the maximums permissible by the General Plan. Site Information and History The SP area is located within the larger South Coast Metro area of Orange County, one of the most intensive and urban mixed use areas of Orange County. The South Coast Metro area includes retail, Class “A” office, high and mid-rise residential, hotels, restaurants, and a state of the art performing arts center. The area is largely centered around South Coast Plaza in the adjacent City of Costa Mesa. This metro area is located at the confluence of the regional freeway systems and major arterials, providing access to Orange County, Los Angeles, San Diego, and the Inland Empire. John Wayne Airport, a commercial airport serving the Orange County area, is located less than 1.5 miles from the SP area. The existing shopping center contains six parcels based on recorded Parcel Maps from the late 1970s. The present shopping center includes approximately 465,063 square feet of retail uses and the associated surface parking required to serve those uses. Existing uses include general retail, financial, food service, fitness, grocery, and City Council 26 – 13 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 14 4 5 1 6 medical-related uses. The site includes three (3) multi-story buildings and 11 one-story buildings with single and multiple tenants. All parking is currently provided in 2,381 surface parking spaces in areas located throughout the project site. In prior years, the Planning Commission approved Variance Nos. 2000-02 and 2011-08, allowing for 12.8 and 12.0-percent reductions in onsite parking, respectively. The variances were approved to facilitate construction of a health club (currently operating as LA Fitness) and a new retail/restaurant building at the southeast corner of the project site. The existing commercial development on site known as the Bristol Center has undergone several renovations since its construction. In the early 1900s, the site was used for farming of sugar beets and lima beans. Following construction of South Coast Plaza in the late 1960s, additional commercial, multiple-family residential, hospitality, and community uses followed in the South Coast Metro area. The Project site was developed into a shopping center in the 1970s and it has remained in commercial use since that time. All commercial leases on the project site are set to expire in 2025. Analysis An analysis of the proposed Specific Plan is presented in Table 3, below and on the following pages. Table 3: Issues Analysis Issue Analysis Scale and Compatibility The SP is intended to produce a dynamic, mixed-use village that is integrated into and respects the surrounding community. The General Plan land use designation of DC-5 for the site allows developments up to 25 stories tall and with a floor area ratio (FAR) of 5.0. The SP proposes several buildings not to exceed 25 stories with a majority between 1 and 7 stories and with a FAR of 2.7, which is consistent and below the maximums prescribed by the General Plan. The project site is surrounded by commercial and multiple-family residential communities. New buildings will be limited to 8 stories in height in various segments of the northern portion of the site, while more intense development is allowed along the western and southern portions of the SP area adjacent to existing mixed-use and commercial developments. The SP’s design guidelines will ensure that new projects are built to be compatible with existing surrounding uses by incorporating step-backs (Sections 3.2 – Land Use Plan, and 5.5.1 – Site Planning Guidelines) and other features to reduce massing, while the street plans for onsite roadways will ensure sufficient buffers between roadways, sidewalks, plaza areas, and buildings. Density The existing DC-5 General Plan land use designation permits residential density at the site up to 125 dwelling units per acre. The SP proposes a residential density of 91 dwelling units per acre, which is below the permissible 125 dwelling units per acre maximum. Typical residential densities of existing multiple-family communities in the area range from 16 to 25 dwelling units per City Council 26 – 14 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 15 4 5 1 6 Issue Analysis acre, which is below the 91 proposed by the SP. However, the SP includes a variety of development standards, design guidelines, and amenities designed not only to reduce the impact of higher-density residential development, but to also enhance existing community-wide amenities for existing residences surrounding the site. The project will feature 13.1 acres of publicly accessible open space, which will be accessible to all Santa Ana residents and programmed regularly with functions to provide active and passive recreation. Finally, a minimum of 200 square feet of residential open space and amenity space will be required for each residential unit within the SP area, ensuring a livable environment for residents. Onsite Parking The entire site currently contains 2,381 surface parking spaces. As part of the review of the proposed SP, a parking study was prepared to evaluate the proposed parking ratios detailed in Table 2 of this staff report (Exhibit 7). The study, prepared by Linscott, Law ,and Greenspan Engineers (LLG), finds that the proposed total 6,520 onsite parking spaces is sufficient to accommodate the land uses proposed on the site. In particular, the parking study closely evaluates projected residential demand and supports the proposed residential parking ratios: •Constructed spaces: 1.3/unit o 4,875 spaces for residences o 1,645 spaces for commercial components •Constructed spaces + valet/other management: 2.0/unit o 7,295 spaces for residences o 1,645 spaces for commercial components The majority of parking in the community would be below grade (underground), similar to the parking configuration in place at Crystal Court, part of South Coast Plaza in Costa Mesa. On-street parking would be provided along onsite site roadways, and residential communities would contain “wrap” or “podium” parking structures for dedicated parking for each residential building. The Specific Plan allows for shared and alternative approaches to parking as technology evolves and parking demand is reduced through innovations such as parking lifts, enhanced transit, and ridesharing. Tandem stalls and compact stalls (up to 10%) would also be provided, subject to staff review and approval of a parking management plan or valet program. Regional Housing Needs Allocation (RHNA) The Housing Element Annual Progress Report includes a summary of Santa Ana’s progress in meeting its share of the RHNA. The State of California has placed an urgent emphasis on housing of all types. Santa Ana’s Regional Housing Needs Allocation (RHNA) for the next General Plan Housing Element cycle, which extends from 2021-2029, includes 3,137 housing units. This allocation is for housing units to be constructed to support the anticipated growth in the City over this period. The City of Santa Ana has a proven track record of not only planning for housing but issuing building permits for the construction of housing at all affordability categories as demonstrated by exceeding its 5th Cycle (2014-2021) RHNA by over 2,300%. The City is also on pace to meet or well exceed its affordable City Council 26 – 15 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 16 4 5 1 6 Issue Analysis housing and other residential development requirements for the 6th Cycle (2021-2029) planning period, far outpacing any city in Orange County, as evidenced by issuing 1,635 permits for housing units across all affordability categories, fulfilling 52% of its RHNA less than two years into the eight-year planning period. The Related SP assists the City in achieving its housing goals in a location where high intensity urban development is both achievable and consistent with the current and envisioned surrounding urban form. The project is proposing up to 3,750 market-rate units. The City’s RHNA allocation for Above Moderate (>120% of area median income, or AMI) for the 6th Cycle (2021-2029) planning period is 1,625 dwelling units. Therefore, the proposed development may achieve 2.31 times the allocated Above Moderate dwelling units for the planning period. Consistency with the Affordable Housing and Opportunity Creation Ordinance (AHOCO) The City’s inclusionary housing ordinance, known as the Affordable Housing and Opportunity Creation Ordinance (AHOCO), generally applies to housing projects proposing five or more units that are also requesting an increase in allowable density or are located in certain sections of the City that were “up- zoned,” such as through a City-initiated zone change or general plan amendment to allow additional residential development after November 28, 2011. As the proposed project is located in a section of the City that meets this threshold, the South Bristol Street Focus Area, the applicant’s request is subject to the AHOCO requirements of production of affordable housing or payment of in-lieu fees. Pursuant to Santa Ana Municipal Code Sections 41-1903 (Exempt projects) and 41-1904 (Options to satisfy inclusionary requirements), the applicant has indicated intent to select the option to pay in-lieu fees at a rate of $5 per square foot of habitable residential area. Based on available figures for the project and under the current ordinance, staff’s analysis of the project indicates the project could generate between $9,375,000 and $18,750,000 in in- lieu fees, based on 3,750 units proposed, unit types/mix, and square footages. Any in-lieu fees generated by the project must be spent on production of affordable housing in the City of Santa Ana. During the extensive outreach conducted as part of the project’s review process, the community identified onsite parking supply and availability as a key concern. Specifically, the community identified parking concerns related to availability for the commercial components (supply, ease of access, and wayfinding) and the residential components (sufficient parking for future residents and their guests). Table 4, below, analyses the project’s proposed parking supply against current Santa Ana Municipal Code (SAMC) requirements. To address the differences in parking between the SAMC and the proposed SP, the applicant prepared a comprehensive parking study and parking management plan. The study and plan evaluate the proposed project, the project’s anticipated parking demands, actual parking demands based on field observations at other similar multifamily communities, parking impacts, and means to mitigate any parking impacts of the project. To verify the findings of the study, City staff visited a dozen residential and City Council 26 – 16 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 17 4 5 1 6 mixed-use multifamily communities in Santa Ana and Costa Mesa to observe required vs. actual parking remands during early evening, late evening, and weekend visits. The field observations are consistent with the conclusions of the applicant’s parking study and parking management plan. The study and plan (Exhibit 7) conclude that the proposed parking ratios, coupled with management strategies that include valet, vehicle lifts, and maximizing use of nearby transit, are sufficient to address parking demands for both the tenants and visitors of the project. Table 4: Parking Analysis Land Use SAMC Requirement Proposed in SP Difference Residential 1.0 spaces per dwelling unit, plus 1.0 space for each bedroom, plus spaces for guests calculated at 25% added to the gross calculation of 1.0 spaces plus 1.0 for each bedroom (minimum total per unit is 2.25 spaces) 1.3 spaces per dwelling unit, up to 2.0 spaces per unit with valet/parking management, inclusive of guest parking and up to 20% compact and tandem spaces 0.95 spaces per unit Commercial Range per 1,000 sq. ft. of gross floor area: •5.0 spaces (retail/service/medical office) •8.0 spaces (restaurants) 4.0 spaces per 1,000 sq. ft. of gross floor area 1.0 to 4.0 spaces per 1,000 sq. ft. of gross floor area Hotel 1.1 spaces per room 0.6 spaces per room 0.5 spaces per room Senior Continuum Care Range of 1.0 (one-bedroom) to 1.5 (two-bedroom), plus spaces for guests calculated at 15% added to the gross calculation (minimum total per unit is 1.15 spaces) 0.6 spaces per unit 0.55 spaces per unit Amendment Application (Zone Change) The subject site is currently in the General Commercial (C2) and Commercial Residential (CR) zoning districts. The existing zoning districts permits a variety of commercial uses and includes all uses that are permitted in the Community Commercial (C1) zoning district, and limited residential development. In addition to those uses, the C2 zoning district permits limited wholesale, research and development, equipment sales, car washes, trailer parks and camps, thrift shops, food distribution centers, indoor swap meets, warehouse stores, and superstores. These uses are permitted by right or are subject to approval of a conditional use permit. The existing C2 and CR zoning designations do not meet the goals and objectives of the project or the General Plan land use designation of DC-5 to produce a dynamic mixed-use village with residential, City Council 26 – 17 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 18 4 5 1 6 hotel, senior care, commercial, and open space land uses. Therefore, approval of the requested amendment application to establish the SP is required to implement the vision of the project and to establish consistency with the General Plan. The proposed SP will establish permitted uses that will be permitted by right, subject to a conditional use permit, or subject to other minor reviews. The uses are intended to create a dynamic, mixed-use environment anchored by a central commercial core and surrounded by complementary land uses. These uses differ from those allowed by the existing C2 and CR zoning district designations at the site, which permit a broader range of commercial activities, many of which do not support the stated goals and vision for the project site. The 2022 General Plan Update (GPU) provides long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the Santa Ana community through 2045, and provides a comprehensive land use, housing, circulation and infrastructure, public service, resource conservation, and public safety policies for the entire City. The updated GPU Land Use Element guides growth and development (e.g., infill development, redevelopment, use, and revitalization/restoration) by designating land uses. The Related Bristol development plan is consistent with, and implements, the City’s vision for the DC-5 and the South Bristol Focus Area. The SP itself contains an Appendix B, which further details General Plan Consistency of the proposed zone change. Specifically, the SP and requested entitlements address General Plan consistency in the following manners: •The District Center-High is a mixed-use designation identified in the General Plan as including “high density urban villages consisting of visually striking and dynamic buildings and spaces with a wide range and mix of residential, live-work, commercial, hotel, and employment-generating uses.” •Table LU-2 of the General Plan (Buildout) identifies an assumed housing growth of 5,272 units in the District; the proposed 3,750 falls within the assumed growth. •Table LU-8 of the General Plan identifies the DC-5 area as allowing a maximum Floor Area Ratio of 5.0, or 125 dwelling units per acre and a maximum height of 25 stories. The General Plan allows the FAR to be calculated on a gross basis for an individual development project. •The General Plan’s District Center designation would allow up to 8,733,780 square feet of mixed uses, inclusive of residential uses, based on the maximum FAR of 5.0 over the 41.13-acre (gross) site. As proposed, the Related Bristol will result in an FAR of 2.7, well within the maximums allowed in the General Plan. No General Plan Amendment is required nor proposed. •The General Plan envisions “urban villages,” “an intense multistory presence,” and “mixed use opportunities”. The Development Plan implements this vision City Council 26 – 18 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 19 4 5 1 6 with a range of building heights and configurations in two mixed-use Districts/Villages, with heights and intensities within the limits identified in the General Plan. •The General Plan requires fiscal neutrality (Policy LU 2.4). The Project results in positive fiscal impacts. •The General Plan calls for community involvement (Policy LU 3.2). Significant outreach has occurred as outlined in Specific Plan Section 2.5, Community Engagement. •The General Plan encourages areas for community gathering and outdoor entertainment (Policy LU 2.3). The Specific Plan includes approximately 13 acres of open space, which includes public plaza areas and a central park, accessible to the public and allowing for outdoor entertainment. •The Specific Plan area is not within an Environmental Justice area. However, as designed, the provision of nearly one-third of the 41-acre site for publicly accessible open space with active and passive recreation opportunities is a means of addressing open space deficiencies prevalent in many portions of Santa Ana. Moreover, the SP and requested entitlements are consistent with multiple General Plan goals and policies. Exhibit 12 contains a full list of all applicable General Plan goals and policies that support the project. Vesting Tentative Tract Map The applicant has submitted a vesting tentative tract map to subdivide the project site into 21 master lots, 205 airspace lots, and 12 private road lots within the Specific Plan area (Exhibit 9). The subdivision will allow the financing of individual components of the project site due to differences in funding mechanisms for commercial, residential, mixed-use, service-oriented, parking, and open space areas of the project site. The vesting tentative tract map details roadway and utility improvements, as well as creation of new private roadways on the project site in order to develop the site as a pedestrian-oriented, mixed-use urban village with smaller blocks. CC&Rs will be adopted to define the operating and maintenance requirements. They will also maintain a property owner’s association responsible for maintenance and enforcement of the CC&Rs and will ensure that parking and access can be shared throughout the entire Specific Plan area. Approval of the vesting tentative tract map is consistent with the General Plan land use designation for the site, and the proposed project as conditioned conforms to all applicable requirements of the zoning and subdivision codes as well as all other applicable City ordinances, including the proposed Specific Plan. Moreover and as detailed in earlier analyses in this report, the project site is physically suitable for the City Council 26 – 19 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 20 4 5 1 6 type and density of the proposed project, and the design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Lastly, the design or improvements of the proposed project will not cause serious public health problems, and the design or improvements of the proposed project will not conflict with the easements necessary for public access through or use of the property within the proposed project. The project is located in an already-urbanized area that is proposed for redevelopment with additional urbanization in the form of commercial, service, hospitality, residential, and open space land uses, and the site is already served by infrastructure necessary to support the development. The project and its proposed subdivision have been thoroughly reviewed by City agencies, as well as the City’s environmental consultant for the project, to ensure the design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. This review also ensures that the design or improvements of the proposed project will not cause serious public health problems, and the design or improvements of the proposed project will not conflict with the easements necessary for public access through or use of the property within the proposed project. Development Agreement The applicant has requested approval of a development agreement (DA). Development agreements are contracts negotiated between project proponents and public agencies such as the City of Santa Ana that govern the land uses that may be allowed in a particular project (California Government Code Section 65864 et seq.). Although a DA is subject to negotiation, allowable land uses must be consistent with the local planning policies formulated by the legislative body through its general plan, and consistent with any applicable specific plan such as the proposed SP-5 (California Government Code Section 65867.5). Approval of a DA requires adoption of an ordinance. To evaluate the proposed DA and identify priorities for the DA’s terms, the City Council formed an ad hoc committee in October 2023 comprised of three City Council members. The ad hoc committee met regularly between October 2023 and June 2024 to review the applicant’s proposed terms, identify community priorities, and ensure that the final DA addresses the ad hoc committee’s priorities. While review of a DA is a private contractual process, the extensive community engagement process, and routine staff meetings with City Council and Planning Commission members, ensured that community priorities were effectively communicated to the ad hoc committee and informed the negotiation process. The SP’s DA addresses the agreement’s term (duration), extensions, community benefits, indemnification, monitoring and reporting, inclusionary housing, hotel economic benefits, open space, infrastructure, modifications, and other relevant items City Council 26 – 20 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 21 4 5 1 6 (Exhibit 8). These terms have been crafted to ensure high-quality development at the project site with positive financial impacts to the City. Additional details are provided in the summary of major deal points in Table 5, Development Agreement Major Deal Points. Table 5: DA Major Deal Points Topic Ad Hoc Committee Recommendation Proposed by DA Recordation Record the DA against the property, not the leaseholder. Consistent – The DA will be recorded against the fee property subject to terms and conditions of a Joinder. Term (Duration) and Extension One 20-year term, and one 5-year extension. Consistent – The DA will have a single 20-year term. In addition, The DA will allow for a single 5-year automatic extension provided grading permits have been issued and construction has commenced on (a) no less than 250,000 square feet of non-residential floor area (e.g., retail, grocer, restaurants), and (b) a hotel subject to financial feasibility. Timing (Phasing)Require commencement of construction for at least 175,000 sq. ft. of commercial building area for any residential permits in excess of 1,875 units. Phase 1 or 2 shall have a grocer of at least 35,000 sq. ft. Consistent – the DA stipulates that no building permits for residential units shall be issued in excess of 1,875 unless and until Owner commences construction activities for at least 175,000 square feet of commercial. Commercial in Phase 1 or Phase 2 shall include a grocer of no less than 35,000 square feet, which supports the community’s and City’s goals of maintaining a full grocer in the area. Community Benefits Concurrent with construction of Phase 1, Owner shall provide, if requested by the City, exclusive use of a 500- square foot space and 3 dedicated parking for use by the Police Department as an administrative substation. Additionally, a $22,000,000 Community Benefit Payment will be paid in a three- payment schedule. Consistent – Developer agrees to provide a Police Department substation, and the $22,000,000 Community Benefit Payment shall be paid to City by Owner pursuant to the following schedule: (1) $8,000,000 prior to or concurrent with the issuance of the first demolition permit in furtherance of the Project’s first Specific Plan Phase; (2) $6,000,000 prior to the issuance of the first building permit in furtherance of the Project’s second Specific Plan Phase; City Council 26 – 21 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 22 4 5 1 6 Topic Ad Hoc Committee Recommendation Proposed by DA and (3) $8,000,000 prior to the issuance of the first building permit in furtherance of any component of the Project’s third Specific Plan Phase except for building permits in furtherance of the Project Open Space. Hotel Economic Benefits Ensure in the DA that the hotel is operated by an internationally recognized flag or boutique operator, with proven performance records, at a minimum four-star (out of 5) rating. Consistent – The hotel(s) shall be operated under a recognized hotel flag or by a boutique hotel operator with a demonstrated track record of success operating similar hotels. The developer will secure a four-star hotel or above. Open Space Accept the construction of 13.1 acres of contiguous onsite open space to satisfy the City’s park provision and fee requirements. The developer must enter into a public access easement for the open space, and must be recorded on the property, that endures for the life of the project or residential uses on the property. The Project’s open space will be constructed in a timely manner in accordance with the project’s phasing, with “springing” easements recorded commensurate with phases to ensure public access. The Supplemental EIR prepared for the project identifies that the project will result in a demand for 27.7 acres of open space, which is 14.6 acres more than the 13.1 acres provided on site. However, the project will remain consistent with the General Plan pursuant to Table OS-3 (Open Space Element Implementation) of the General Plan, Action Nos. 1.7 and 1.10. Action No. 1.7, which recognizes the challenges and difficulty in creating new open space and parklands in a built-out environment and provides for a reduction in on-site open space by giving credits for park land for public use as an incentive toward developer creation of open space areas that are accessible to the public. Action No. 1.10 encourages collaboration with property owners to provide public access and programming on private open space. City Council 26 – 22 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 23 4 5 1 6 Topic Ad Hoc Committee Recommendation Proposed by DA Inclusionary Housing Payment of $5 per sq. ft. of habitable space, contingent upon timely payment of the $22,000,000 Community Benefit Payment. Consistent – Pursuant to SAMC Sections 41-1903(a), the applicant has proposed a DA to comply with Section 41-1904, allowing payment of in-lieu fees. SAMC Section 41-1904 provides for options to satisfy the Affordable Housing Opportunity and Creation Ordinance, including onsite units, offsite units, and payment of in-lieu fees. For projects containing 20 or more units, the in-lieu fee is as high as $15 per sq. ft., but may be as low as $5 per sq. ft. if determined by a DA or if using skilled and trained workforce. The DA clarifies that the provision of $5/sq. ft. applies should the applicant opt to convert the senior continuum of care units to independent living or market rate units. Overrule of Airport Land Use Commission’s Inconsistency Determination Pursuant to Section 21676(b) of the California Public Utilities Code (PUC), the proposed project was reviewed by the Orange County Airport Land Use Commission (ALUC) for a determination of consistency with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA). On July 20, 2023, the ALUC held a public hearing on the project and found the project to be inconsistent with the AELUP for JWA in accordance with AELUP Sections 1.2 and 2.1.4 and Public Utilities Code (PUC) Section 21674. These sections empower the ALUC "to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." Based on this determination, the ALUC issued a letter of inconsistency. As a final review authority on legislative acts, the City Council may, after a public hearing, choose to overrule the ALUC's decision by following the procedure established in PUC Sections 21676 and 21676.5. As part of the General Plan Update, the City Council adopted a resolution on April 19, 2022 in accordance with the procedure City Council 26 – 23 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 24 4 5 1 6 established in PUC Sections 21676 and 21676.5 to overrule the ALUC’s finding that the General Plan Update was inconsistent with the AELUP for JWA. The action to overrule the ALUC’s decision on the General Plan Update was based on the desire to advance the vision of the General Plan for the South Bristol Street Focus Area, which envisions a dynamic, mixed-use environment with building heights and massing of up to 25 stories within the Focus Area. On August 29, 2023, City Council met and authorized staff to initiate and complete the procedure for the City Council to consider the Related Bristol Specific Plan and the proposed overriding of the determination made by the ALUC by (1) issuing a Notice of Intent to overrule and (2) giving notice to the ALUC of its decision to overrule as required by PUC Section 21676(b). On August 31 and again on September 26, 2023, the Planning Division provided a Notice of Intent to overrule the commission’s determination with findings to the ALUC and the State Division of Aeronautics. On October 24, 2023, ALUC responded to the City’s Notice of Intent. As of the date of publishing this report, no comments from the Division of Aeronautics had been received. PUC Section 21676 permits the City Council, by a two-thirds vote of the members constituting a quorum, to overrule the ALUC’s determination if it finds that the proposed project is consistent with the purposes of the State Aeronautics Act. The Act states: “It is the public interest to provide for the orderly development of each public use airport in this State and the area surrounding these airports so as to promote the overall goals and objectives of the California noise standards…and to prevent the creation of new noise and safety problems.” Based on staff’s review of the project, the project will not adversely impact the operations of the airport, the future development plans that exists for the airport, the approaches to the airport runways, create noise concerns, or create public health, safety, or welfare concerns. Additionally, the project falls within a level of acceptable risk considered to be a community norm. Multiple taller structures than those proposed in the SP area exist closer to the airport and its runways, notably in the cities of Costa Mesa, Irvine, and Newport Beach. Out of an abundance of caution and consistent with past practice, the applicant will be required to record an avigation/aviation easement with both the County and the City to prevent claims, actions, or lawsuits for nuisance or interference with the use of the property against the City and John Wayne Airport. Community Engagement and Public Notification Due to the complexity and scale of the project, public outreach and notification were conducted using a variety of manners to engage broad segments of the community. Community engagement and public notification processes for the proposed Specific Plan exceed or meet the minimum requirements of the City. Upon submittal of the proposed SP to the City, staff met with the project applicant to provide information about City Council 26 – 24 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 25 4 5 1 6 the various Neighborhood Associations, business groups, and other communities surrounding the project site. Moreover, staff routinely attended Neighborhood Association meetings in the vicinity of the project site to provide updates, receive feedback, and answer questions on a regular basis. Details of the public engagement components of the proposed development is also documented in the Specific Plan document. Related Bristol Welcome Center In August 2022, at the time the initial application was submitted to the City, a Welcome Center was opened by the applicant on the site. The Welcome Center was open to the public or by appointment, where individual meetings with local residents and stakeholders could be held. Over 200 meetings with interested individuals and groups have taken place at the Welcome Center since that time to hear concerns and ideas related to redevelopment of the site and establishment of the SP. Sunshine Ordinance Community Meetings, and Additional Community and Neighborhood Association Meetings In accordance with Article II.II of the SAMC, Related California hosted a first community meeting on September 7, 2022. There were 3,300 notices mailed to advertise the event, which was held at Saddleback High School. Approximately 250 interested parties attended the meeting. The meeting was held using a format with individual stations by topic. Based on the first Sunshine Meeting the following were identified as key community priorities: •Community Meeting Places, a place to meet neighbors and build community; •Security and Safety. Desire for a police substation on the site; •Mobility, Traffic, and Parking. Controlled traffic, intuitive and well-serviced parking for visitors and residents, and better infrastructure for pedestrians and cyclists; and •Neighborhood Retail. Retail offerings that include local shops, a grocery, bank, and multiple dining experiences, with a mix of new uses and keeping favorite existing uses. Pursuant to Sunshine Ordinance requirements, a second community meeting was held on November 16, 2022. There were 3,300 notices mailed to advertise the event, which was held at the Westin Hotel. Approximately 80 interested parties attended the meeting. A presentation was given, which introduced the Related Bristol developer’s company, site history, SP and project vision, open space, site plan layout, amenities and services, and a summary of the feedback received from the community so far. The public was invited to provide questions and comments. Following the presentation, a panel spent City Council 26 – 25 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 26 4 5 1 6 approximately one hour and twenty minutes addressing questions submitted by the audience. In addition to the Sunshine Ordinance community meetings, the applicant has held over 200 meetings with local and regional stakeholders and met with 18 individual Neighborhood Associations on 18 separate occasions. These Neighborhood Associations and communities include: Metro Classic, Sandpointe, South Coast, Rosewood Baker, Morning Sunwood, Thornton Park, Wilshire Square, Floral Park, French Park, Republic Homes, South Coast Shores, as well as St. Albans condominiums. The applicant also met with 12 community organizations and 11 business organizations, either at the Welcome Center project site or by partaking in community events, such as outdoor concerts, the Downtown Santa Ana ArtWalk, and community and service organization meetings. Lastly, the applicant has met with existing businesses on the project site to inform various small and large businesses of the proposed SP. Planning Commission Work-Study Session A Planning Commission work-study session was held on March 13, 2023, during which members of the Planning Commission were provided a presentation on the draft specific plan, its status at the time of the work-study session, and an opportunity to provide general comments and pose questions. The public comment portion of the meeting was opened to allow for any project-related public comment on the project. General comments and questions received during this workshop are detailed in the Specific Plan document, but centered primarily on infrastructure and improvements, traffic, permissible uses, housing, fiscal impacts, parking, public safety, subdivisions, community engagement, and retention of existing onsite businesses and services. Online Content The applicant created a project website to gather input from those who could not attend in-person meetings. The applicant’s website includes a section on Questions and Answers (Q&A) as well as polling and is available in the English, Spanish, Vietnamese, and Chinese. According to the applicant, to date over 1,400 responses have been given to the Q&A and polling. Further, a project email and phone number was established to provide further opportunities to provide input. Lastly, the applicant’s online outreach included social media webpages and advertisements designed to solicit feedback on the project. As required by the Sunshine Ordinance, the City also established a project webpage. The webpage has been routinely updated with Sunshine Ordinance meeting materials, project information, key meeting dates, draft environmental documents, and the draft specific plan. The webpage also contains the City’s contact information with a direct City Council 26 – 26 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 27 4 5 1 6 phone number and email to the case planner. As of the date of the publication of this report, over three-dozen individuals had contacted the City directly to obtain additional information about the project. Lastly, City staff have made themselves available on a regular basis to answer the community’s questions about the proposed development through in-person meetings. Community members who contacted staff to learn more about the project were invited meet with staff to learn how to understand the draft environmental documents and the draft Specific Plan, and to answer broader questions about the General Plan Update and its environmental documentation. These individuals were also added to the City’s notification list for the project. Mandatory Notification Measures Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 2,000-foot notification radius map, and the site posting are provided in Exhibit 13. In addition, staff contacted the provided contacts for the Sandpointe, South Coast, Republic Homes, Metro Classic, Morning Sunwood, Thornton Park, Sunwood Central, and the Rosewood Baker Neighborhood Associations to ensure they were aware of the project and public hearing. ENVIRONMENTAL IMPACT OF THE RELATED BRISTOL SPECIFIC PLAN, ENTITLEMENTS & DEVELOPMENT AGREEMENT General Plan Update (GPU) Final Program Environmental Impact Report (Final PEIR) In April 2022, the City certified the GPU Final PEIR (SCH No. 2020029087) and adopted the GPU. The GPU Final PEIR is a Program Environmental Impact Report (PEIR) that examines the existing environment and the total scope of environmental effects that would occur as a result of buildout of the GPU land uses. As a Program EIR, the document comprehensively evaluated the potential environmental impacts stemming from adoption of the General Plan Update and subsequent implementing projects. Moreover, this type of EIR allows subsequent implementing activities, such as the proposed Specific Plan, to be evaluated through “tiering.” Tiering refers to the coverage of general matters in broader EIRs, such as the GPU Final PEIR, with subsequent narrower EIRs or ultimately site-specific EIRs incorporating by reference the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared, such as in the case of the Related Bristol Specific Plan’s Supplemental EIR, which has been prepared for the Project. Tiering is appropriate when the sequence of EIRs is (1) from a general plan, policy, or program EIR to a program, plan, or policy EIR of lesser scope or to a site-specific EIR, (2) from an EIR on a specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. City Council 26 – 27 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 28 4 5 1 6 The Project site is located within the South Bristol Street Focus Area and has a land use designation of District Center-High (DC-5), which has a maximum Floor Area Ratio (FAR) of 5.0, or 125 dwelling units per acre (du/ac) and a maximum height of 25 stories that allows up to 8,958,114 SF of mixed uses, inclusive of residential uses, within the Project site. This level of redevelopment was included in the GPU Final PEIR buildout, and applicable mitigation measures were identified, as necessary, to reduce impacts. A project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with the associated standards applicable to that development density (State CEQA Guidelines Section 15183(i)(2)/Public Resources Code Section 21000 et seq.). Development density standards can include the number of dwelling units per acre, the number of people in a given area, FAR, and other measures of building intensity, building height, size limitations, and use restrictions. Supplemental Environmental Impact Report (SEIR) In compliance with the California Environmental Quality Act (CEQA), and as required by Public Resources Code (PRC) section 21166 and CEQA Guidelines section 15162, the City of Santa Ana has prepared a Supplemental EIR (SEIR) that evaluates the potential of the proposed Project to result in new or substantially greater environmental impacts than previously identified in the GPU Final PEIR. The City’s certified PEIR examines the impacts associated with buildout of the Santa Ana General Plan. Once a Program EIR is prepared, subsequent activities within the program or changes to the program must be evaluated to determine whether additional CEQA documentation needs to be prepared. The Project site is within the South Bristol Street Focus Area and development of the site was analyzed in the FEIR at a programmatic level at 5.0 floor area ratio and 125 dwelling units per unit assumption per the General Plan District Center-High (DC-5) designation. The Related Bristol Specific Plan proposes the phased redevelopment of site, consistent with the General Plan District Center-High (DC-5) land use designation, and the City conducted project-level analysis to determine if the development of the Project would involve new significant environmental effects or a substantial increase in the impacts that were previously identified GPU Final PEIR. Following this project-level analysis, the City of Santa Ana prepared an SEIR that evaluated the potential of the proposed Project to result in new or substantially greater impacts than previously identified; applied the mitigation measures prescribed in the GPU FEIR; and where new or more significant impacts were identified, included Project specific mitigation measures. In addition, where impacts could not be mitigated to below a less than significant level, the SEIR made new significant and unavoidable findings City Council 26 – 28 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 29 4 5 1 6 The Project’s SEIR also provides information regarding short-term, long-term, direct, indirect, and cumulative environmental effects of the Project. It identifies feasible mitigation measures and alternatives that would minimize or eliminate the potentially significant impacts associated with implementation of the Project. SEIR’s Notice of Preparation (NOP) On March 17, 2023, the City sent to the Office of Planning and Research and each responsible trustee agency a Notice of Preparation (NOP), stating that a Supplemental Environmental Impact Report (SEIR) would be prepared. A total of 20 comments were received during the 30-day NOP period which began on March 17, 2023 and ended on April 17, 2023. Pursuant to PRC section 21083.9 and CEQA Guidelines Sections 15082(c)(1) and 15083, the City hosted a public scoping meeting on March 30, 2023 to solicit comments on the scope of the environmental review of the proposed Project. Approximately 60 residents attended the meeting and raised concerns about traffic, pedestrian safety, population growth, aesthetics, and if cumulative impacts would be adequately considered. These issues were addressed in the Draft SEIR. SEIR Scoping Meeting The City hosted a public scoping meeting for the draft SEIR on March 30, 2023 to solicit comments on the scope of the environmental review of the proposed Project. Approximately 60 residents attended the meeting and raised concerns about traffic, pedestrian safety, population growth, aesthetics, and if cumulative impacts would be adequately considered. Participants were encouraged to submit comments on paper or via email to ensure inclusion in the draft SEIR and environmental analyses. Draft and Final SEIR Public Review and Availability The City determined at the onset of review and preparation based on analyses, the General Plan Final PEIR, existing site conditions, setting, and responses to the NOP, that the Project would have no impact or a less than significant impact on the following environmental topic areas and that no further, detailed analysis of these topics was required in the SEIR: Aesthetics, Agriculture and Forestry Resources, Biological Resources, Mineral Resources, and Wildfire. In particular with respect to aesthetics, Public Resources Code Section 21099 provides that “aesthetic and parking impacts of a residential, mixed-use residential, or employment center project on an infill site within a transit priority area shall not be considered significant impacts on the environment.” Here, the proposed Project is located in a Transit Priority Area and therefore the SEIR did not include a detailed analysis of aesthetics. However, a discussion on the topic is included in the Land Use and Planning section of the SEIR. City Council 26 – 29 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 30 4 5 1 6 For each topical area of potential significance, the SEIR evaluates impacts of the project, what was evaluated by the GPU Final PEIR, mitigation measures already in place and adopted by the GPU Final PEIR’s MMRP, and project-specific mitigation measures. Section 15126.2(b) of the CEQA Guidelines requires an EIR to describe “any significant impacts, including those which can be mitigated but not reduced to a level of insignificance.” Potential environmental effects of the proposed project and mitigation measures are discussed in detail throughout Chapter 5 of the SEIR. The Draft SEIR determined that mitigation measures were required to mitigate impacts to a less than significant level for the following resource areas: air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, and tribal cultural resources. However, the Draft SEIR concluded that despite the incorporation of all feasible mitigation measures, the proposed Project would nonetheless result in significant and unavoidable impacts to air quality and parks and recreation. •Air Quality. Implementation of the proposed Project would result in short-term emissions of criteria air pollutants during Project construction and long-term emissions of criteria air pollutants from vehicular emissions, natural gas consumption, landscaping, applications of architectural coatings, and use of consumer products. The emissions from the proposed project are primarily from vehicle trips and use of consumer products that emit nitrous oxide or reactive organic gasses. The majority of the Project’s emission exceedances are from consumer product and mobile sources and cannot feasibly be reduced by either the City or Project Applicant below the SCAQMD thresholds. Emissions from both consumer products and motor vehicles are controlled by State and federal standards and the City and applicant have no control over these standards. Due to the Project exceedance of the thresholds, impacts would be cumulatively considerable and significant and unavoidable. •Parks and Recreation. As detailed in Section 5.12 of the SEIR (Parks and Recreation), the City currently has approximately 1.2 acres of public park and/or recreational space per every 1,000 residents, which is below the City’s parkland aspirational standard of 3 acres of parkland per 1,000 residents. Based on the City’s parkland aspirational standard of 3 acres of public park and/or recreational space per 1,000 residents, buildout of the project in the SP results in a need for approximately 27.7 additional acres of parkland to serve the estimated 9,238 new residents of the project site. The 13.1 acres of publicly accessible open space within a required 17.21 acres of common or private open space for residents provided by the project would be approximately 10.49 acres less than the City’s parkland aspirational standard, which would exacerbate the existing citywide parkland deficiency. Although the proposed Project and cumulative projects would be required to provide park and recreational facilities, private open space, City Council 26 – 30 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 31 4 5 1 6 and/or pay in-lieu fees as required by the Santa Ana Municipal Code, the impacts related to the amount of parkland within the City would be cumulatively considerable and cumulative impacts related to parks and recreational facilities would be significant. The SEIR also evaluated the following alternatives to the proposed Project that would feasibly avoid or lessen the proposed Project’s significant environmental impacts while attaining most of the proposed Project’s objectives: Alternative 1 (No project/No build), Alternative 2 (Reduced project alternative that reduces the commercial component to 250,000 square feet and eliminates the 250 hotel room keys), and Alternative 3 (Building of the existing zoning designations of C2 and CR, producing a maximum total of 1,032,774 square feet of commercial uses, 1,375 multi-family units, 250 hotel room keys, and 200 senior continuum of care living units). A detailed analysis of environmental impacts and feasibility of each alternative is included in the Final SEIR. A Mitigation Monitoring and Reporting Program (MMRP) has been prepared and is attached to the resolution certifying the Final Supplemental Environmental Impact Report No. 2022-01. A Statement of Overriding Considerations will be necessary should the City Council decide to approve the Project because of the significant and unavoidable impacts to air quality and parks and recreation. The Statement of Overriding Considerations and Findings for the Project is attached as Exhibit A to the same resolution. As required by CEQA Guidelines section 15087(a), the City filed a Notice of Completion with the Governor’s Office of Planning and Research, State Clearinghouse, indicating that the Draft SEIR had been completed and was available for public review. On July 6, 2023, a Notice of Availability of the Draft SEIR was published and the Draft SEIR was circulated for at least a 45-day public review and comment period from July 6, 2023 through August 21, 2023. During the public comment period, copies of the Draft SEIR and technical appendices were available for review and inspection at City Hall, on the City’s project webpage, and at the City of Santa Ana Public Library (Civic Center location). The City received a total of 15 comments from various individuals, organizations, or government agencies during this period, and one comment after the public review period. On August 1, 2024, the City released the Final SEIR, which contains the Draft SEIR, all technical appendices prepared in support of the Draft SEIR, all written comment letters received on the Draft SEIR, written responses to all written comment letters received on the Draft SEIR, and errata to the Draft SEIR and technical appendices. In accordance with PRC Section 21092.5, copies of the written responses to public agencies that submitted comments during the 45-day review period will be forwarded to those agencies at least 10 days prior to certification of the Final SEIR by the City Council, with copies of the Final SEIR document. Pursuant to CEQA Guidelines Section 15089(b), City Council 26 – 31 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 32 4 5 1 6 lead agencies may provide an opportunity for review of the Final SEIR by the public or by commenting agencies before a project is approved, but is not required to do so; the Final SEIR is available for review on the City’s website at www.santa-ana.org/related- california-bristol-specific-plan/, at the City of Santa Ana Newhope Public Library, and at City Hall. Staff recommends that the City Council certify the Final SEIR and adopt the MMRP for the Project, and adopt CEQA Findings of Fact and Statement of Overriding Considerations. The entire Final SEIR and all required components, including comments, responses, detailed analyses, and the MMRP, are contained within Exhibit 6 of this report. FISCAL IMPACT The General Plan Land Use Element requires projects proposing a zone change to evaluate economic, fiscal, and community benefits impacts through various analyses (Policy Nos. LU-2.4, LU-3.1, and Implementation Action No. 1.2). In accordance with the General Plan, the applicant provided and the City prepared and/or peer-reviewed analyses on economic impacts (EIA), fiscal impacts (FIA), land residual value (LRV), and community benefits (CBA). The EIA, FIA, LRV, and CBA reports’ conclusions about the proposed project and its impacts are outlined in Tables 6a, 6b, 6c, and 6d. Tables 6a, 6b, 6c, and 6d: Key Economic, Fiscal, and Community Benefits Findings Table 6a: Key Economic Benefits Findings Topic Existing Site Proposed Project Net Change One-Time Impacts Not applicable 16,834 jobs, including direct, indirect, and induced full- and part- time jobs; $1.5 billion in citywide one-time labor income; and $667.3 million in intermediate inputs Not applicable Recurring (Ongoing) Impacts 371 direct and indirect jobs 1,586-5,900 total direct and indirect jobs; $337,218,792 in labor income, intermediate inputs, and other value added 1,215-5,529 increased jobs Jobs-Housing Balance 141,543 jobs citywide; 82,058 housing units citywide; 1.725 jobs- housing balance 143,129 jobs citywide; 85,808 housing units citywide; 1.67 jobs- housing balance 1,586 jobs resulting from the project; 3,750 new housing units; 0.055 decline jobs- City Council 26 – 32 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 33 4 5 1 6 Table 6a: Key Economic Benefits Findings housing balance, resulting in a positive shift toward the direction of a 1:1 job- housing balance. Sources: Studies prepared by Natelson Dale Group, Inc. (Feb. 2023) and DTA (Sep. 2023) Table 6b: Key Fiscal Impacts Findings Topic Existing Site Proposed Project Net Change Total Site Revenues to the City’s General Fund $3,290,327 $11,691,114 $8,400,787 Total Site Expenditures from the City’s General Fund (Cost of Services) $471,270 $8,296,866 $7,825,596 Net General Fund Fiscal Impact to the City $2,819,057 $3,394,248 $575,191 Sources: Existing Site Calculations from Natelson Dale Group, Inc. February 2023 based on FY22-23 data Proposed Project Calculations from Natelson Dale Group, Inc. February 2023, updated by DTA March 2024 after Peer Review Estimated Net Change, based on FY22-23 data Table 6c: Land Residual Value Findings Topic Existing Site Proposed Project Net Change Total Net Assessed Value (NAV) -$2,377,266,000 Total Costs -$1,779,371,000 Excess of NAV over Costs $597,895,000 Source: Study prepared by DTA (Sep. 2023) Table 6d: Community Benefits Impacts Findings Topic Existing Site Proposed Project Net Change Housing Construction 0 units 3,750 units 3,750 units, providing a jobs-housing balance that exceeds the Statewide average of 1.260, and assisting the City with meeting its RHNA allocations Affordable Housing In- Lieu Funds $0 Approximately $18 million, depending on unit sizes and mixes Approximately $18 million, depending on unit sizes and mixes Publicly Accessible Open Space 0 acres 13.1 acres 13.1 acres of publicly accessible open space comprised of the Bristol Plaza, Bristol Green, Bristol Central Park, the City Council 26 – 33 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 34 4 5 1 6 Table 6d: Community Benefits Impacts Findings Greenlink, and other plaza and landscaped areas throughout the 41-acre site Urban Design and Image of the City Traditional, suburban shopping center with surface parking, no community amenities, and outdated buildings Contemporary, iconic mixed-use urban village with mid- and high-rise structures, urban village street network, bicycle lanes, on-street parking, outdoor dining areas, and high-quality furnishings Enhancement of the City at a key gateway intersection (Bristol Street and Sunflower Avenue), capitalizing on the success of South Coast Plaza and adjacency to the I-405 freeway Onsite Full-Service Grocery Store Large-format grocery store currently operating as a Vons Large-format grocery store in Phase 1 of 2 of the project, pursuant to terms of the DA No change Source(s): Study prepared by DTA (Sep. 2023) In addition to the EIA, FIA, LRV, and CBA analyses, a Market Study was prepared to evaluate impacts of the proposed project on the economic market area, including the residential, commercial, hotel, and senior continuum care living components. The study concludes that given the amenity-rich environment of the project site, its location in a market area with higher than average rents, and the relatively low vacancy rates of nearby mixed-use and multiple-family residential communities, the project’s residential component could be absorbed by the market area with low vacancies and rental rates above the area average. The study also concludes that despite a net loss of 115,000 square feet of commercial space on the project site, the reconfigured commercial spaces could be absorbed into the market area with the conveniences of underground parking, onsite amenities, proximity to South Coast Plaza and the I-405 freeway, and the existing two-percent (2%) retail vacancy in a two-mile radius of the project site. The reconfigured commercial spaces are expected to command a price per of at least $40 per square foot annually, an increase of $2.47 per square foot from the current average of $37.53 per square foot annually. According to the Market Study, the proposed 250 hotel room keys could also be absorbed, given low hotel room vacancy rates in the area, and given that the SP is targeting construction of a four-star hotel, similar to the Westin at South Coast. It is estimated that the value of another hotel on the project site would be approximately $95 million, while the costs would be $64 million, leading to an “Excess Value over Costs” ratio of about 32%, a figure that would attract a developer to finance construction of a four-star hotel on the project site. Lastly, the Market Study concludes that the senior continuum care facility would be valued at approximately $106 million, with costs near City Council 26 – 34 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 35 4 5 1 6 $73 million, leading to an “Excess of Value over Costs” ratio of about 36%, making the facility financially feasible on the project site. The EIA, FIA, LRV, and CBA analyses, as well as the Market Study and respective peer reviews, are provided as Exhibit 10 to this report. RESOLUTION AMENDING PERMIT PARKING DISTRICTS Separate from the Related Bristol Specific Plan Project but concurrently as an implementation of the General Plan Update (2022), it is recommended that the City Council adopt a resolution amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 (Exhibit 17) regarding Permit Parking District petitions. Pursuant to Article XI (commencing with Section 36-480) of Chapter 36 of the SAMC, the City Council is authorized to adopt resolutions establishing permit parking districts in which parking restrictions apply to all vehicles except those vehicles that have been issued parking permits pursuant to such Article. By Resolution Nos. 91-088, 93-076, and 2000-062, the City Council established the South Coast, the Sandpointe, and the South Metro Permit Parking Districts (Exhibit 18). Residents in these Parking Districts may petition to impose permit parking restrictions if desired by the property owners within each District. On April 19, 2022, the City Council adopted the General Plan Update. The new General Plan went into effect on May 26, 2022. The new General Plan allows for significant mixed-use redevelopment within the South Bristol Street Focus Area. As part of the General Plan implementation process and subsequent development project applications, City staff have conducted extensive outreach in the neighborhoods in and around the South Bristol Focus Area to solicit resident concerns and feedback regarding the proposed redevelopment in the area. Residents have expressed concerns that proposed development projects in the South Bristol Street Focus Area may impact available parking on neighborhood streets and have requested that the City modify existing procedures to facilitate expanded utilization and participation in the City's permit parking program. While extensive environmental review and traffic studies completed for the General Plan Update and for the Related Bristol Project evidenced that development of projects consistent with the General Plan development thresholds will not have direct impacts on parking to the surrounding residential neighborhoods, nonetheless, enhancing the ability of the various Permit Parking Districts adjacent to the South Bristol Focus Area to expand utilization and participation in the permit parking program would ease community concerns and could improve the effectiveness of the existing permit parking program. City Council 26 – 35 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 36 4 5 1 6 The City is in the process of performing a Citywide parking study to, in part, evaluate Citywide permit parking program modifications. Completion of this study is not anticipated until fall of 2025 and will therefore not adequately address the near-term concerns brought forward by the Focus Area residents. To address the concerns brought forward by residents in a timely manner, staff recommends the adoption of a concurrent resolution as an implementation action of the General Plan to amend the definition of a parking block within the established Parking Districts. The current regulations require a separate permit parking petition for each individual block, which makes implementing parking restrictions in a uniform manner an arduous task for residents. The proposed amendment allows for a single permit parking petition to be considered for multiple, contiguous residential blocks such that uniform parking restrictions are implemented along multiple street segments at a time. Implementation of the restrictions will continue to require a minimum of 66% of the affected petitioned properties vote in favor of the restrictions. Upon completion of the Citywide parking study, staff will present the City Council recommended parking strategies and regulations for consideration and adoption, which may or may not include the amendments considered in the proposed resolution (Exhibit 17). General Plan Consistency of the Resolution Amending Permit Parking Districts The proposed resolution amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 amendment to the Residential Permit Parking program supports and is consistent with multiple General Plan goals and policies of the Mobility Element, Land Use Element, and Housing Element. Addressing relevant permit parking programs and parking impacts is identified in multiple General Plan implementation actions of the Mobility Element, Land Use Element, and Housing Element. Exhibit 19 to this staff report contains a list of all applicable General Plan goals and policies that support this recommended action. Environmental Impact of the Resolution Amending Permit Parking Districts The action to adopt a resolution amending Resolution No. 91-088, Resolution No. 93- 076, and Resolution No. 2000-062 regarding Permit Parking District petitions is not a “project” subject to CEQA and no environmental review is required. Even if the action could be construed as a CEQA “project,” the proposed resolution requires no further environmental review pursuant to Section 15162 of the CEQA Guidelines. Section 15378(b) of the CEQA Guidelines defines a “Project” that is subject to CEQA review as an activity that may result in a direct or reasonably foreseeable indirect physical change in the environment, stating that “Projects do not include” ongoing City Council 26 – 36 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 37 4 5 1 6 “administrative or maintenance activities, such as purchases for supplies, personnel- related actions, general policy and procedure making [Section 15378(b)(2)]” and “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment [Section 15378(b)(5)].” The proposed amendment to Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 modifies administration of an existing parking district program by allowing a single permit parking petition to be considered for multiple, contiguous residential blocks (rather than a separate permit parking petition for each individual block). Thus, no direct or indirect physical changes in the environment will result and accordingly, the proposed resolution is not a “project” subject to CEQA. (CEQA Guidelines, Section 15060(c)(2)- (3).) In the alternative, even if the proposed resolution is a project subject to CEQA, no further environmental review is required. Section 15162 of the CEQA Guidelines requires subsequent EIRs and Negative Declarations, following certification of a previous EIR, only when one of three triggering conditions exists: (1) substantial changes are proposed in the project that will require major revisions of the EIR, (2) substantial changes occur in circumstances under which the project is being undertaken that will require major revisions in the EIR, or (3) new information of substantial importance to the project that was not known and could not have been known when the EIR was certified as complete becomes available, and this condition (1, 2, and/or 3) also would lead to new or more significant impacts. (See also Pub. Resources Code, § 21166.) In April 2022, the City certified the GPU Final PEIR (SCH No. 2020029087) and adopted the GPU. As previously discussed, the GPU Final PEIR is a Program Environmental Impact Report (PEIR) that examines the existing environment and the total scope of environmental effects that would occur as a result of buildout of the GPU land uses. The proposed resolution falls within the scope of the General Plan Update evaluated in the PEIR because it implements the goals and policies pertaining to permit parking programs and parking impacts identified in the General Plan Update. The proposed resolution therefore does not trigger any of the conditions identified in Section 15162 of the CEQA Guidelines and summarized above. Approval of the proposed resolution will not result in new or more severe impacts requiring additional environmental review of the approval action. EXHIBITS 1. Resolution certifying the Final Supplemental Environmental Impact Report No. 2022-01 , for the Related Bristol Specific Plan Project (SCH No. 2020029087), (2) adopt Environmental Findings of Fact and a Statement of Overriding City Council 26 – 37 10/1/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area October 1, 2024 Page 38 4 5 1 6 Considerations for the Project pursuant to the California Environmental Quality Act, (3) adopt the Mitigation Monitoring and Reporting Program; and (4) approve the Project 2. Resolution and findings overruling the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Project 3. Ordinance approving Amendment Application No. 2023-03 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5) 4. Ordinance approving Development Agreement No. 2023-02 5. Resolution approving Vesting Tentative Tract Map No. 2023-01 (County Map No. 19272), as conditioned 6. Final Supplemental Environmental Impact Report 7. Related Bristol Specific Plan and Parking Study 8. Development Agreement 9. Vesting Tentative Tract Map 10.Economic Impact, Fiscal Impact, Residual Land Value, and Community Benefit Analyses, and Market Study 11.Sunshine Ordinance Meeting Materials 12.John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response 13.Consistent and Supportive General Plan Goals and Policies of the Related Bristol Specific Plan Entitlements & Development Agreement 14.Responses to Planning Commission Comments Received Prior to 3:30 PM Deadline on August 12, 2024 15.Link to Planning Commission Agenda Packet 16.Parking District Maps 17.Resolution Amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 18.Copy of Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 19.Consistent and Supportive General Plan Goals and Policies of the Resolution Amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 20.Copy of Public Notices 21.City Council Questions and Applicant Responses from the September 17, 2024 Hearing 22.City Council Questions and Staff Responses from the September 17, 2024 Hearing Submitted By: Minh Thai, Executive Director of the Planning and Building Agency and Nabil Saba, P.E., Executive Director of the Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 26 – 38 10/1/2024 RESOLUTION NO. 2024-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, in April 2022, the City of Santa Ana (“City”) certified the General Plan Update (“GPU”) Final Environmental Impact Report (“FEIR”) (SCH No. 2020029087) and adopted its GPU; and WHEREAS, the GPU Land Use Element guides development by designating land uses, evaluates the potential environmental effects associated with implementation of the GPU, and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts; and WHEREAS, the Related Bristol Specific Plan Project (“Project”) site is located within the GPU South Bristol Street Focus Area and is consistent with the GPU land use designation; and WHEREAS, the Project entails, among other things, (1) demolition of the existing sixteen (16) structures on the Project Site; (2) the establishment of a new Related Bristol Specific Plan (SP No. 5) and a change of zone for the Project Site to the new Related Bristol Specific Plan (SP No. 5) designation; (3) redevelopment of the Project Site into 3,750 residential units, up to 350,000 square feet of commercial space, 250 hotel rooms, and 200 senior care units, including 6,520 onsite parking spaces, and 13.1 acres of onsite open space; and (4) approval of Vesting Tentative Tract Map (“VTTM”) No. 2023- 01; and WHEREAS, the City determined that a supplemental EIR (“SEIR”) to the GPU FEIR is required to evaluate the potential of the Project to result in new or substantially greater environmental impacts than previously identified in the GPU FEIR, and therefore did not prepare an initial study in accordance with State CEQA Guidelines Section 15063(a); and WHEREAS, pursuant to Section 21067 of the Public Resources Code, and State CEQA Guidelines Section 15367, the City of Santa Ana is the lead agency for the Project; and WHEREAS, pursuant to State CEQA Guidelines Section 15082, on March 17, 2023, the City sent to the Office of Planning and Research and each responsible and Resolution No. 2024-XXX Page 1 of 7 City Council 26 – 39 10/1/2024 trustee agency a Notice of Preparation (“NOP”), which was also published in the Orange County Register, a newspaper of general circulation in the City of Santa Ana, stating that an environmental impact report would be prepared; and WHEREAS, twenty (20) comment letters were received in response to the NOP; and WHEREAS, pursuant to Public Resources Code Section 21083.9 and State CEQA Guidelines Sections 15082(c) and 15083, the City held a duly noticed scoping meeting on March 30, 2023, to solicit comments on the scope of the environmental review of the proposed project, and ten (10) written comments were received; and WHEREAS, a Draft Supplemental Environmental Impact Report (“Draft EIR”) (SCH No. 2020029087) was prepared for the Project addressing comments received in response to the Notice of Preparation and evaluating the proposed Project’s potentially significant environmental impacts; and WHEREAS, the Draft EIR determined that mitigation measures were required to mitigate impacts to a less than significant level for the following resource areas: air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous material, noise, and tribal cultural resources; and WHEREAS, the Draft EIR further concluded that despite the incorporation of all feasible mitigation measures, the proposed Project would nonetheless result in significant and unavoidable impacts relating to air quality and parks and recreation; and WHEREAS, in accordance with State CEQA Guidelines section 15085, a Notice of Completion was prepared and filed with the Office of Planning and Research on July 6, 2023; and WHEREAS, as required by State CEQA Guidelines section 15087(a), the City provided Notice of Availability of the Draft EIR to the public at the same time that the City sent Notice of Completion to the Office of Planning and Research, on July 6, 2023; and WHEREAS, during the public comment period, copies of the Draft EIR and technical appendices were available for review and inspection at City Hall, on the City’s website, and at the City of Santa Ana Public Library; and WHEREAS, consistent with State CEQA Guidelines Section 15087(e), the Draft EIR was circulated for at least a 45-day public review and comment period from July 6, 2023, to August 21, 2023; and WHEREAS, during the public review and comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to State CEQA Guidelines section 15086; and Resolution No. 2024-XXX Page 2 of 7 City Council 26 – 40 10/1/2024 WHEREAS, the City received sixteen (16) written comment letters on the Draft EIR; and WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided copies of its responses to commenting public agencies at least ten (10) days prior to the City’s consideration of the Final EIR, on August 1, 2024; and WHEREAS, on August 1, 2024, the City released the Final EIR; and WHEREAS, the Final EIR consists of the Draft EIR, all technical appendices prepared in support thereof; all documents incorporated by reference, all written comments letters received on the Draft EIR, written responses to all written comments letters and verbal comments received on the Draft EIR, revisions to the Draft EIR and technical appendices, the Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations; and WHEREAS, on August 12, 2024, the Planning Commission conducted the public hearing to consider the Draft EIR and the Project, and solicited comments on the document. After hearing all relevant testimony from staff, the public and the City’s consultant team, the Planning Commission voted to recommend that the City Council certify the EIR for the Project, adopt the Findings of Fact, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, and approve the Project; and WHEREAS, on September 17, 2024, the City Council held a duly noticed public hearing to consider the Final EIR and the Project, at which hearing members of the public were afforded an opportunity to comment and the Project was fully considered, after which the item was continued to the regularly-scheduled City Council meeting of October 1, 2024; and WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in the Final EIR; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision and recommendations on the Project; and WHEREAS, all of the requirements of the Public Resources Code and the CEQA Guidelines have been satisfied by the City in connection with the preparation of the Final EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the Final EIR prepared in connection with the Project sufficiently analyzes the Project’s potentially significant environmental impacts, and the Final EIR analyzes a range of feasible alternatives to address whether these effects can be reduced to a level of less than significant; and Resolution No. 2024-XXX Page 3 of 7 City Council 26 – 41 10/1/2024 WHEREAS, the City has made certain findings of fact, as set forth in Exhibit A to this Resolution, attached hereto and incorporated herein, based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference; and WHEREAS, the City finds that the Project’s environmental topics that would result in no impact, as identified in the Final EIR, are described in Section II of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the City finds that the Project’s environmental impacts that are less than significant without implementation of project-specific mitigation measures, as identified in the Final EIR, are described in Section III of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the City finds that the Project’s impacts that, without mitigation, would result in significant adverse impacts, and that upon implementation of the mitigation measures provided in the Final EIR, would be considered less than significant, are described in Section IV of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the City finds that the Project’s impacts that, even with mitigation measures, would remain significant and unavoidable are described in Section V of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the cumulative impacts of the Project identified in the EIR and se t forth herein, are described in Section VI of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the potential significant irreversible environmental changes that would result from the proposed Project are described in Section VII of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the existence of any growth-inducing impacts and commitment of resources resulting from the proposed Project are described in Section VIII of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the City finds that the reasonable alternatives to the Project are described in Section IX of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the Statement of Overriding Considerations that indicates the benefits of the Project outweigh the unavoidable significant environmental effects is described in Section X of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, all the mitigation measures identified in the Final EIR and necessary to reduce the potentially significant impacts of the Project to a level of less than significant are set forth in the Mitigation Monitoring and Reporting Program (“MMRP”), attached hereto as Exhibit B; and Resolution No. 2024-XXX Page 4 of 7 City Council 26 – 42 10/1/2024 Resolution No. 2024-XXX Page 5 of 7 WHEREAS, prior to taking action, the City has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including but not limited to the Final EIR and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the Final EIR reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in the public hearing conducted by City Council and no additional information submitted to the City Council have produced substantial new information requiring recirculation of the Final EIR or additional environmental review of the project under Public Resources Code Section 21092.1 and State CEQA Guidelines Section 15088.5; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The above recitals are true and incorporated herein by reference. Section 2. The City Council hereby finds that it has been presented with the Final EIR, which it has reviewed and considered, and further finds that the Final EIR is an accurate and objective statement that has been completed in full compliance with CEQA and the State CEQA Guidelines, and that the Final EIR reflects the independent judgment and analysis of the City, acting as lead agency for the Project. Section 3. The City Council declares that no evidence of new significant impacts or any new information of “substantial importance,” as defined by State CEQA Guidelines Section 15088.5, has been received by the City after circulation of the Final EIR that would require recirculation of the Final EIR. Section 4. The City Council hereby: A.Certifies the Final EIR based on the entirety of the record of proceedings. B.Adopts the Findings of Fact and Statement of Overriding Considerations, attached hereto and incorporated herein as Exhibit A, after balancing the significant and unavoidable air quality and parks and recreation impacts of the proposed Project against the benefits of the proposed Project. C.Adopts the MMRP attached hereto and incorporated herein as Exhibit B, consistent with Public Resources Code Section 21081.6; makes implementation of the mitigation measures in the MMRP a condition of approval of the Project; and finds that City Council 26 – 43 10/1/2024 Resolution No. 2024-XXX Page 6 of 7 in the event of any inconsistencies between the mitigation measures set forth herein and the MMRP, the MMRP shall control. D. Directs City staff to cause a Notice of Determination to be filed and posted with the County of Orange Registrar-Recorder/County Clerk and the State Clearinghouse within five working days of the City Council’s final project approval. Section 5. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The Planning Manager is the custodian of records for the record of proceedings. This information is provided pursuant to Public Resources Code section 21081.6. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this 1st day of October, 2024 by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Laura A. Rossini Chief Assistant City Attorney City Council 26 – 44 10/1/2024 Resolution No. 2024-XXX Page 7 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on October 1, 2024. Date: ________________ ____________________________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 26 – 45 10/1/2024 55394.00062\42476413.1 EXHIBIT A FINDINGS OF FACT City Council 26 – 46 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 1 CEQA Findings of Fact September 2024 CEQA FINDINGS OF FACT FOR THE RELATED BRISTOL MIXED-USE PROJECT SANTA ANA, CALIFORNIA STATE CLEARINGHOUSE NO. 2020029087 CITY OF SANTA ANA DP NO. 2022-31 Public Resources Code section 21002 states that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]” Section 21002 further states that the procedures required by CEQA “are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which would avoid or substantially lessen such significant effects.” Agencies demonstrate compliance with section 21002’s mandate by adopting findings before approving projects for which EIRs are required. (See Pub. Resources Code, § 21081, subd. (a); State CEQA Guidelines § 15091, subd. (a).) The approving agency must make written findings for each significant environmental effect identified in an EIR for a proposed project and must reach at least one of three permissible conclusions. • The first possible finding is that “[c]hanges or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.” (State CEQA Guidelines § 15091, subd. (a)(1).) • The second permissible finding is that “[s]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding” and that “[s]uch changes have been adopted by such other agency or can and should be adopted by such other agency.” (State CEQA Guidelines § 15091, subd. (a)(2).) • The third potential conclusion is that “[s]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.” (State CEQA Guidelines § 15091, subd. (a)(3).) Agencies must not adopt a project with significant environmental impacts if feasible alternatives or mitigation measures would substantially lessen the significant impacts. Public Resources Code section 21061.1 defines “feasible” to mean “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.” State CEQA Guidelines section 15364 adds “legal” considerations as another indicium of feasibility (See also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565). Project objectives also inform the determination of “feasibility.” (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 401, 417.) Further, “‘feasibility’ under CEQA encompasses ‘desirability’ to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors.” (Id.; see also Sequoyah Hills Homeowners Assn. v. City Council 26 – 47 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 2 CEQA Findings of Fact September 2024 City of Oakland (1993) 23 Cal.App.4th 704, 715.) An agency need not, however, adopt infeasible mitigation measures or alternatives (State CEQA Guidelines § 15091, subds. (a), (b)). Further, environmental impacts that are less than significant do not require the imposition of mitigation measures (Leonoff v. Monterey County Board of Supervisors (1990) 222 Cal.App.3d 1337, 1347). Notably, section 21002 requires an agency to “substantially lessen or avoid” significant adverse environmental impacts. Thus, mitigation measures that “substantially lessen” significant environmental impacts, even if not completely avoided, satisfy section 21002’s mandate. (Laurel Hills Homeowners Assn. v. City Council (1978) 83 Cal.App.3d 515, 521 (“CEQA does not mandate the choice of the environmentally best feasible project if through the imposition of feasible mitigation measures alone the appropriate public agency has reduced environmental damage from a project to an acceptable level”); Las Virgenes Homeowners Federation, Inc. v. County of Los Angeles (1986) 177 Cal.App.3d 300, 309 (“[t]here is no requirement that adverse impacts of a project be avoided completely or reduced to a level of insignificance . . . if such would render the Project unfeasible”). CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to substantially lessen or avoid significant environmental impacts that would otherwise occur. Project modification or alternatives are not required, however, where such changes are infeasible or where the responsibility for modifying the Project lies with some other agency. (State CEQA Guidelines § 15091, subds. (a), (b).) The California Supreme Court has stated, “[t]he wisdom of approving . . . any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced.” (Citizens of Goleta Valley v. Board of Supervisors, supra, 52 Cal.3d at p. 576). The City of Santa Ana has determined that based on all the evidence presented, including, but not limited to, the Final EIR, written and oral testimony given at meetings and hearings on the Project, and submission of testimony from the public, organizations and regulatory agencies, the following environmental impacts associated with the Project are: (1) less than significant and do not require mitigation; (2) potentially significant and each of these impacts would be avoided or reduced to a level of insignificance through the identified mitigation measures; or (3) significant and cannot be fully mitigated to a level of less than significant but will be substantially lessened to the extent feasible by the identified mitigation measures. City Council 26 – 48 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 3 CEQA Findings of Fact September 2024 SECTION I ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION The Final Supplemental EIR includes the Draft Supplemental Environmental Impact Report (EIR) dated July 2023, written comments on the Draft Supplemental EIR that were received during the public review period, written responses to those comments and changes to the Draft Supplemental EIR, and the Final Supplemental EIR Errata making minor corrections and revisions to the Final Supplemental EIR. In conformance with CEQA and the State CEQA Guidelines, the City of Santa Ana conducted an extensive environmental review of the Related Bristol Mixed-Use Project: • The City of Santa Ana concluded that a Supplemental EIR should be prepared, and the Notice of Preparation (NOP) was released for a 30-day public review period from March 17, 2023, through April 17, 2023. The NOP was posted at the Orange County Clerk’s Office on March 16, 2023. The notice was published in the Orange County Register, a newspaper of general circulation. Under CEQA, a Lead Agency may proceed directly with preparation of the EIR without preparation of an Initial Study if it is clear that an EIR will be required (State CEQA Guidelines Section 15060[d]). The City of Santa Ana has made such a determination for this Project and has not prepared an Initial Study. • Completion of a scoping process, in which the public was invited by the City of Santa Ana to participate. The scoping meeting for the Supplemental EIR was held on March 30, 2023 at 5:30 p.m. at the McFadden Institute of Technology located at 2701 South Raitt Street in Santa Ana. The notice of a public scoping meeting was included in the NOP distributed on March 17, 2023. • Preparation of a Draft Supplemental EIR by the City of Santa Ana, which was made available for a 45-day public review period (July 6, 2023 through August 21, 20232023). The Notice of Availability (NOA) for the Draft Supplemental EIR was sent to all persons, agencies and organizations on the interest list interested persons, published in the July 6, 2023 Orange County Register, and posted at the Orange County Clerk’s Office and the State Clearinghouse (SCH) at the Governor’s Office of Planning and Research (OPR) on July 6, 2023. Copies of the Draft Supplemental EIR were made available for public review at the City of Santa Ana, Planning Division Counter, located at 20 Civic Center Plaza, M-20, Santa Ana, CA 92701, and the City of Santa Ana Public Library, located at 26 Civic Center Plaza, Santa Ana, CA 92701. The Draft Supplemental EIR was also available for review and download via the following City website location: https://www.santa-ana.org/related- california-bristol-specific-plan/. • The Final Supplemental EIR contains comments on the Draft Supplemental EIR, responses to those comments, revisions to the Draft Supplemental EIR, if any, and appended documents. The Final Supplemental EIR was released for a 10-day agency review period prior to certification of the Final Supplemental EIR. • Pursuant to CEQA Guidelines Section 15095, staff is directed as follows: a) copy of the Final Supplemental EIR and CEQA Findings of Fact shall be retained in the Project files; b) copy of the Final Supplemental EIR and CEQA Findings of Fact shall be provided to the City Council 26 – 49 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 4 CEQA Findings of Fact September 2024 Project applicant who is responsible for providing copy of same to all CEQA "responsible" agencies. City Council 26 – 50 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 5 CEQA Findings of Fact September 2024 SECTION II RESOLUTION REGARDING ENVIRONMENTAL TOPIC AREAS WITH NO IMPACT Based upon the Supplemental EIR prepared for the Project, the City determined that the Project would have no impact or a less than significant impact on the following environmental topic areas and that no further, detailed analysis of these topics was required in the Supplemental EIR: • Aesthetics • Agriculture and Forestry Resources • Biological Resources • Mineral Resources • Wildfire The evidence in support of the finding that the Project will not have a significant impact on these environmental topic areas are set forth in the Draft EIR which is incorporated by reference (Supplemental Draft EIR, pp. 5.16-7 to 5.16-12). Based upon the Supplemental EIR prepared for the Project, the City determined that the Project would have no impact on the following environmental topic areas: A. Cultural Resources Impact Finding: The Project would not cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5 (Draft Supplemental EIR at p. 5.2- 9). Facts in Support of Findings: The Project site does not contain any historical resources. As described in the Historical Resource Assessment that was prepared for the Project site (included as Appendix D of the Draft Supplemental EIR), 16 of the existing buildings onsite were constructed more than 45 years ago. None of the buildings were identified as meeting any historic resource criterion and do not meet the definition of a historic resource pursuant to CEQA or the City of Santa Ana. Overall, the site does not include any historic resources and implementation of the proposed Project would not impact a historic resource. Therefore, Project impacts would be less than those disclosed in the GPU FEIR, which were determined to be significant and unavoidable despite inclusion of mitigation (Draft Supplemental EIR at pp. 5.2-9 through 5.2-14). B. Energy Impact Finding: The Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency (Draft Supplemental EIR at p. 5.3-13). Facts in Support of Findings: The proposed Project would be required to meet the CCR Title 24 energy efficiency standards in effect during permitting of the Project. The City’s administration of the CCR Title 24 requirements includes review of design components and energy conservation measures that occurs during the permitting process, which ensures that all requirements are met. In addition, the Project would not conflict with or obstruct opportunities to use renewable energy, such as solar energy. Redevelopment of the site would not result in obstruction of opportunities for use City Council 26 – 51 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 6 CEQA Findings of Fact September 2024 of renewable energy. In addition, Draft Supplemental EIR Section 5.5, Greenhouse Gas Emissions, Mitigation Measure GHG-1 requires installation of solar panels or other source of renewable electricity generation onsite to the maximum roof area available. Mitigation Measure GHG-2 requires the proposed Project to meet 2022 CALGreen Tier 2 voluntary energy efficiency standards, which surpass the building code energy efficiency requirements, and Mitigation Measure GHG-5 requires the proposed Project to install Energy Star certified or of equivalent energy efficient appliances in all residential units. Thus, the proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, and impacts would not occur. This is consistent with the findings of the GPU FEIR, which determined that implementation of the City’s GPU would not interfere with any plan for renewable energy or energy efficiency, and that no impacts would occur (Draft Supplemental EIR at pp. 5.3-13 through 5.3-15). C. Geology and Soils Impact Finding: The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault. (Draft Supplemental EIR at p. 5.4-9). Facts in Support of Findings: The Project site is not located within an Alquist-Priolo Earthquake Fault Zone and no active faults are known to cross the site. The closest known active faults are associated with the San Joaquin Hills Fault, located approximately 1.3 miles northeast from the site; the Newport‐Inglewood Fault Zone, approximately 4.1 miles southwest of the site (Appendix G to the Draft Supplemental EIR). The San Joaquin Hills fault does not rupture at the ground surface. Because no known faults exist on the site, the proposed Project would not expose people or structures to potential substantial adverse effects from rupture of a known earthquake fault that is delineated on an Alquist-Priolo Earthquake Fault Zoning Map or other evidence of a fault, and no impacts would occur. Therefore, impacts related to Project buildout of the site would be consistent with the impact conclusions set forth in the GPU FEIR, which determined that impacts related to surface rupture of a fault would be less than significant (Draft Supplemental EIR at p. 5.4-9). Impact Finding: The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides (Draft Supplemental EIR at p. 5.4-10). Facts in Support of Findings: The proposed Project site is located in a seismically active region subject to strong ground shaking. However, as described previously, the Geotechnical Report (included as Appendix G to the Draft Supplemental EIR) describes that the Project site is generally level and no hills or slopes are adjacent to the site. In addition, the site is not within a seismically induced landslide hazard zone area and is not considered potentially susceptible to seismically- induced slope instability. Thus, the Project site is not located within or adjacent to an earthquake- induced landslide area, and the proposed Project would not expose people or structures to substantial adverse effects involving landslides, and impacts related to landslides would not occur. Therefore, impacts related to Project buildout of the site would be consistent with the impact City Council 26 – 52 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 7 CEQA Findings of Fact September 2024 conclusions set forth in the GPU FEIR, which determined that impacts related to landslides would be less than significant (Draft Supplemental EIR at p. 5.4-10). Impact Finding: The Project would not have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater (Draft Supplemental EIR at 5.4-13). Facts in Support of Findings: The Project site is currently connected to the City’s sewer system. As detailed in Draft Supplemental EIR Chapter 3.0, Project Description, the Project would install a new onsite sewer system that would connect to the existing 78-inch sewer in Sunflower Avenue. The proposed Project would not use septic tanks or alternative wastewater disposal systems. As a result, no impacts related to septic tanks or alternative wastewater disposal systems would occur from implementation of the proposed Project. Therefore, impacts related to Project buildout of the site would be less than the impact conclusions set forth in the GPU FEIR, which determined that impacts related to septic tanks would be less than significant (Draft Supplemental EIR at 5.4-13). D. Hazards and Hazardous Materials Impact Finding: The Project would not be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or the environment (Draft Supplemental EIR at p. 5.6-26). Facts in Support of Findings: The Phase I Environmental Site Assessment (included as Appendix J to the Draft Supplemental EIR) that was conducted database searches to determine if the Project area or any nearby properties are identified as currently having hazardous materials. The record searches determined that although the site has a history of various uses and identified as previously generating hazardous wastes and clean-up activities, the Project site is not located on or near by a site which is included on a list of hazardous materials sites pursuant to Government Code Section 65962.5. As a result, impacts related to hazards from being located on or adjacent to a hazardous materials site would not occur from implementation of the proposed Project (Draft Supplemental EIR at p. 5.6-26). Impact Finding: The Project would not expose people or structures either directly or indirectly to a significant risk of loss, injury, or death involving wildfires (Draft Supplemental EIR at p. 5.6-29). Facts in Support of Findings: The Project site is located within an urban developed area and is not located within an identified wildland fire hazard area and is not an area where residences are intermixed with wildlands. In addition, implementation of the proposed Project would be required to adhere to the following chapters of the City’s Municipal Code to reduce potential fire hazards: Chapter 8.2 Uniform Building Code, Chapter 8.4 Uniform Mechanical Code, Chapter 8.5 National Electric Code, and Chapter 14 City of Santa Ana Fire Code. Additionally, the Project would be in compliance with any further guidelines from the Orange County Fire Authority (OCFA) related to fire prevention and is subject to permit approval by the City’s Building Division. Therefore, the proposed Project would not expose people or structures to a significant risk of loss, injury, or death from wildfires and no impacts would occur (Draft Supplemental EIR at p. 5.6-29). City Council 26 – 53 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 8 CEQA Findings of Fact September 2024 E. Hydrology and Water Quality Impact Finding: The Project is not in a flood hazard, tsunami, or seiche zone that could risk release of pollutants due to Project inundation (Draft Supplemental EIR at p. 5.7-17). Facts in Support of Findings: The FEMA FIRM for the Project area (06059C0279J) shows that the Project site is located within “Zone X,” which is an area of minimal flood hazard potential outside of the 0.2 percent annual chance flood. Thus, the Project site is not located within a flood hazard area that could be inundated with flood flows and result in release of pollutants. Impacts related to flood hazards and pollutants would not occur from the Project. The Project site is over 5.9 miles from the Pacific Ocean, and outside of the Tsunami Hazard Zone identified by the California Department of Conservation. Thus, the Project site would not be inundated by a tsunami that could result in the release of pollutants, and impacts would not occur. Additionally, because the Project site is not within the vicinity of a water body, it is not at risk for seiche flood hazards. Therefore, the release of pollutants on the Project site resulting from a seiche inundation would not occur (Draft Supplemental EIR at p. 5.7-17). F. Land Use and Planning Impact Finding: The Project would not physically divide an established community (Draft Supplemental EIR at p. 5.8-19). Facts in Support of Findings: The Project site has long been developed with a shopping center that includes 16 commercial buildings with surface parking areas, vehicle circulation drives, and ornamental landscaping. The Project site is surrounded by and well connected to roadways. Areas in all directions are developed with commercial and residential uses. The proposed Project would demolish the existing development and related infrastructure on the site and provide a new mixed-use development with up to 3,750 multi-family residential units; up to 350,000 SF of commercial uses; a 250-room hotel; a senior living/continuum of care use with up to 200 units; and approximately 13.1 acres of common open space. The proposed Project would change the site from a partially underutilized shopping center to a residential and commercial mixed-use community with open space and gathering spaces, consistent with the DC-5 designation for development of transit-oriented high density urban villages. In addition, the proposed Project would not change roadways in a manner that would inhibit access or install any infrastructure that would result in physical division. The Specific Plan includes development of new onsite roadways and installation of new onsite infrastructure that would connect to existing roadways and infrastructure that are adjacent to the site. Thus, the proposed Project would not result in impacts related to physical division of an established community. This is consistent with the findings of the GPU FEIR, which determined that the GPU provides for infill redevelopment and would concentrate development in areas to take advantage of mass transit and provide mixed-use opportunities, and would not introduce any new development, roadways, or other infrastructure that would bisect existing communities or neighborhoods (Draft Supplemental EIR at pp. 5.8-19 through 5.8-20). City Council 26 – 54 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 9 CEQA Findings of Fact September 2024 G. Population and Housing Impact Finding: The Project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere (Draft Supplemental EIR at p. 5.10- 11). Facts in Support of Findings: The Project site is currently developed with commercial retail buildings and there is no existing housing on the Project site. The proposed Project would implement new housing on the site, where none currently exists. Therefore, the proposed Project would not result in displacement of substantial numbers of people, such that construction of replacement housing elsewhere would be necessary. As a result, impacts would not occur and would be consistent with those identified in the GPU FEIR (Draft Supplemental EIR at p. 5.10-11). H. Utilities and Service Systems Impact Finding: The Project would comply with federal, State, and local statutes and regulations related to solid waste (Draft Supplemental EIR at p. 5.15-24). Facts in Support of Findings: All solid waste-generating activities within the City is subject to the requirements set forth in Section 5.408.1 of the 2016 California Green Building Standards Code that requires demolition and construction activities to recycle or reuse a minimum of 65 percent of the nonhazardous construction and demolition waste, and AB 341 that requires diversion of a minimum of 75 percent of operational solid waste. Also, the proposed senior/continuum of care housing facility would be required to comply with the California Medical Waste Management Act for proper disposal of all medical waste, which would be ensured through the State’s medical permitting process. Implementation of the proposed Project would be consistent with all state regulations, as ensured through the City’s development project permitting process. Therefore, the proposed Project would comply with all solid waste statute and regulations; and impacts would not occur. Thus, the impacts of the proposed Project are less than those identified by the GPU FEIR, which determined that development would be required to implement regulations related to solid waste and that impacts would be less than significant (Draft Supplemental EIR at p. 5.15-24). City Council 26 – 55 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 10 CEQA Findings of Fact September 2024 This page was intentionally left blank. City Council 26 – 56 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 11 CEQA Findings of Fact September 2024 SECTION III RESOLUTION REGARDING ENVIRONMENTAL IMPACTS NOT REQUIRING MITIGATION Section 15091 of the State CEQA Guidelines does not require specific findings to address environmental effects that an EIR identifies as “less than significant” where no mitigation is required. These findings will nevertheless fully account for all such effects identified in the Draft Supplemental EIR in this Section III. Thus, the City hereby finds that the following potential environmental impacts of the Project are less than significant and do not require the imposition of mitigation measures: A. Air Quality Impact Finding: The Project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people (Draft Supplemental EIR at p. 5.1-42). Facts in Support of Findings: The proposed Project would not emit other emissions, such as those generating objectionable odors, that would affect a substantial number of people. The type of facilities that are considered to result in other emissions, such as objectionable odors, include wastewater treatments plants, compost facilities, landfills, solid waste transfer stations, fiberglass manufacturing facilities, paint/coating operations (e.g., auto body shops), dairy farms, petroleum refineries, asphalt batch plants, chemical manufacturing, and food manufacturing facilities. The proposed Project would implement a new mixed-use development including residential, open space/recreation, retail, restaurant, and other commercial development. These land uses do not involve the types of uses that would emit objectionable odors affecting a substantial number of people. During construction, emissions from construction equipment, architectural coatings, and paving activities may generate odors. However, these odors would be temporary, intermittent in nature, and would not affect a substantial number of people. The noxious odors would be confined to the immediate vicinity of the construction equipment. Also, the short-term construction-related odors would cease upon the drying or hardening of the odor-producing materials. In addition, all Project-generated solid waste would be stored in covered containers and removed at regular intervals in compliance with solid waste regulations and would not generate objectionable odors. Therefore, impacts associated with other operation- and construction- generated emissions, such as odors, would be less than significant (Draft Supplemental EIR at pp. 5.1-42 through 5.1-43). B. Cultural Resources Impact Finding: The Project would not disturb any human remains, including those interred outside of formal cemeteries (Draft Supplemental EIR at p. 5.2-15). Facts in Support of Findings: The Project site has been extensively disturbed and has not been previously used as a cemetery. Thus, impacts related to human remains are less than significant. In the unanticipated event that human remains are found during project construction activities City Council 26 – 57 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 12 CEQA Findings of Fact September 2024 compliance with California Health and Safety Code Section 7050.5 would ensure that human remains are treated with dignity and as specified by law. Compliance with the existing California Health and Safety Code regulations would ensure impacts related to potential disturbance of human remains are less than significant. Therefore, impacts related to Project buildout of the site would be consistent with the impact conclusions set forth in the GPU FEIR, which determined that impacts to human remains would be less than significant (Draft Supplemental EIR at pp. 5.2-15 through 5.2-16). C. Energy Impact Finding: The Project would not result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation (Draft Supplemental EIR at p. 5.3-8). Facts in Support of Findings: Construction During construction of the proposed Project, energy would be consumed in three general forms, petroleum-based fuels, electricity, and energy used in the production of construction materials. Construction activities related to each phase of the proposed mixed-use Project would not be expected to result in demand for fuel greater on a per-unit-of-development basis than other development projects in Southern California. As identified in Table 5.3-3 of the Draft Supplemental EIR, the overall diesel fuel consumption during construction of the proposed Project would be 529,054 gallons for Phase 1, 287,909 gallons for Phase 2, and 637,296 gallons for Phase 3. Gasoline consumption would be 384,969 gallons for Phase 1, 99,845 gallons for Phase 2, and 416,625 gallons for Phase 3. Construction contractors are required to demonstrate compliance with applicable California Air Resources Board (CARB) regulations and compliance with existing CARB idling restrictions and the use of newer engines and equipment would reduce fuel combustion and energy consumption on the Project site. Overall, construction activities would require limited energy consumption and would comply with all existing regulations. Thus, impacts related to construction energy usage would be less than significant, which is consistent with the findings of the GPU FEIR (Draft Supplemental EIR at pp. 5.3-8 through 5.3-10). Operation Once operational, the mixed-use Project would generate demand for electricity, natural gas, as well as gasoline for motor vehicle trips. Operational use of energy includes the heating, cooling, and lighting of buildings, water heating, operation of electrical systems and plug-in appliances within buildings, parking lot and outdoor lighting, and the transport of electricity, natural gas, and water to the areas where they would be consumed. As identified in Table 5.3-3 of the Draft Supplemental EIR, Project operations for Phase 1 are estimated to consume approximately 431,837 gallons of diesel fuel and 1,435,828 gallons of City Council 26 – 58 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 13 CEQA Findings of Fact September 2024 gasoline fuel per year. Project operations for Phase 2 are estimated to consume approximately 181,517 gallons of diesel fuel and 570,283 gallons of gasoline fuel per year. Project operations for Phase 3 are estimated to consume approximately 261,236 gallons of diesel fuel and 868,590 gallons of gasoline fuel per year. Project operations at buildout are estimated to consume approximately 874,590 gallons of diesel fuel and 2,874,701 gallons of gasoline fuel per year. In addition, the proposed Project in Phase 1 would require approximately 17,182,736 kWh of electricity per year and approximately 279,772 therms of natural gas per year. Operation of the proposed Project in Phase 2 would require approximately 6,100,357 kWh of electricity per year and approximately 88,107 therms of natural gas per year. Operation of the proposed Project in Phase 3 would require approximately 9,271,206 kWh of electricity per year and approximately 151,580 therms of natural gas per year. Operation of the entire proposed Project at buildout would require approximately 32,554,299 kWh of electricity per year and approximately 519,459 therms of natural gas per year. The proposed mixed-use development would be required to meet the current Title 24 energy efficiency standards. The City’s administration of the Title 24 requirements and the City’s Climate Action Plan includes review of design components and energy conservation measures that occurs during the permitting process, which ensures that all requirements are met. The Project does not propose any operational characteristics or features that would result in excessive or wasteful use of energy. The Project would consist of an urban infill redevelopment in a Transit Priority Area (TPA) and High Quality Transit Area that would provide mixed residential, open space, and commercial (retail/restaurant) uses. Since it would be undertaken on a currently developed and underutilized site, and would be located near existing offsite employment, commercial, residential, and retail destinations and in proximity to existing public bus stops and freeways, which would result in reduced vehicle trips and Vehicle Miles Traveled (VMT) in comparison to a Project of similar size and land without close access to employment, service and retail destinations, public transit, and freeways. In addition, the Project site is within an area where existing infrastructure would provide for efficient delivery of electricity and natural gas to the Project and the Project would not inhibit the development of other alternative energy sources. Furthermore, existing and future regulations are likely to result in more efficient use of all types of energy, and reduction in reliance on non- renewable sources of energy. These include the federal Energy Independence and Security Act, the state Long Term Energy Efficiency Strategic Plan, SB 350 and AB 1007, which are designed to reduce reliance on non-renewable energy resources and reduce demand by providing federal tax credits for purchasing fuel-efficient items and improving the renewable fuel, appliance, and lighting standards. Thus, operation of the proposed Project would not use large amounts of energy or fuel in a wasteful, inefficient, or unnecessary manner, and impacts would be less than significant. This is consistent with the findings of the GPU FEIR, which determined that implementation of existing regulatory requirements would ensure that energy demand associated with growth under the GPU would not be inefficient, wasteful, or unnecessary; and that energy impacts would be less than significant. Moreover, although the Project’s impacts related to energy would be less than significant, mitigation measures included in the Draft Supplemental EIR for other resource areas would serve to further reduce the Project’s energy use. For instance, Draft Supplemental EIR Section 5.1, Air Quality, City Council 26 – 59 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 14 CEQA Findings of Fact September 2024 includes Mitigation Measures AQ-3 and AQ-4. Also, as detailed in Draft Supplemental EIR Section 5.5, Greenhouse Gas Emissions, Mitigation Measure GHG-1 requires installation of solar panels or other source of renewable electricity generation onsite to the maximum roof area available. Mitigation Measure GHG-2 requires the proposed Project to meet 2022 CALGreen Tier 2 voluntary energy efficiency standards, which surpass the building code energy efficiency requirements, and Mitigation Measure GHG-5 requires the proposed Project to install Energy Star certified or of equivalent energy efficient appliances in all residential units (Draft Supplemental EIR at pp. 5.3-10 through 5.3-13). D. Geology and Soils Impact Finding: The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking (Draft Supplemental EIR at p. 5.4-9). Facts in Support of Findings: The Project site is within a seismically active region, with numerous faults capable of producing significant ground motions. The closest known active faults are associated with the San Joaquin Hills Fault, located approximately 1.3 miles northeast from the site; the Newport‐Inglewood Fault Zone, approximately 4.1 miles southwest of the site (included as Appendix G to the Draft Supplemental EIR). Therefore, Project implementation could subject people and structures to hazards from ground shaking. However, seismic shaking is a risk throughout southern California, and the Project site is not at greater risk of seismic activity or impacts as compared to other areas within the region. The CBC includes provisions to reduce impacts caused by major structural failures or loss of life resulting from earthquakes or other geologic hazards. For example, Chapter 16 of the CBC contains requirements for design and construction of structures to resist loads, including earthquake loads. The CBC provides procedures for earthquake resistant structural design that include considerations for onsite soil conditions, occupancy, and the configuration of the structure including the structural system and height. The City of Santa Ana has adopted the CBC as part of the Municipal Code Chapter 8, Article 2, Division 1, which regulates all building and construction projects within the City and implements a minimum standard for building design and construction that includes specific requirements for seismic safety, excavation, foundations, retaining walls and site demolition. Structures built in the City are required to be built in compliance with the CBC. The Project would be required to adhere to the provisions of the CBC as part of the building plan check and development review process. Compliance with the requirements of the CBC for structural safety would reduce hazards from strong seismic ground shaking. Because the proposed Project would be required to be constructed in compliance with the CBC and the City’s Municipal Code, which would be verified through the City’s plan check and permitting process and is included as PPP GEO-1, the proposed Project would result in a less than significant impact related to strong seismic ground shaking (Draft Supplemental EIR at pp. 5.4-9 through 5.4-10). City Council 26 – 60 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 15 CEQA Findings of Fact September 2024 Plans, Program and Policies: PPP GEO-1: CBC Compliance. The proposed Project is required to comply with the California Building Standards Code (CBC) as included in the City’s Municipal Code as Chapter 8, Article 2, Division 1, to preclude significant adverse effects associated with seismic and soils hazards. As part of CBC compliance, CBC related and geologist and/or civil engineer specifications for the proposed Project shall be incorporated into grading plans and building specifications as a condition of construction permit approval. Impact Finding: The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction (Draft Supplemental EIR at p. 5.4-10). Facts in Support of Findings: The Geotechnical Report (included as Appendix G to the Draft Supplemental EIR) identified that onsite soils consist of clayey soils that exist to a depth of approximately 30 feet bgs. Underlying soils include dense to very dense silty sand, poorly-graded sands, and lean clays. The highest historic groundwater on the Project site was encountered at approximately 5 feet bgs. Groundwater was encountered within onsite borings at depths between 12 feet and 16 feet bgs. However, due to the nature of the soils in the upper 50 feet, the Geotechnical Report determined that the liquefaction potential is considered low. Structures built in the City are required to be built in compliance with the CBC, as included in the City’s Municipal Code as Chapter 8, Article 2, Division 1 (and in the Draft Supplemental EIR as PPP GEO-1), which regulates all building and construction projects within the City and implements a minimum standard for building design and construction that includes specific requirements for seismic safety, excavation, foundations, retaining walls and site demolition. The Geotechnical Report prepared for the Project site provides CBC seismic design criteria that are specific to the onsite soils and the potential liquefaction and settlement. Compliance with the CBC, as included as PPP GEO-1, would require proper construction of building footings and foundations so that it would withstand the effects of potential ground movement, including liquefaction and settlement. The CBC, as currently adopted in the City’s Municipal Code Chapter 8, Article 2, Division 1, includes provisions to reduce impacts caused by potential major structural failures or loss of life resulting from geologic hazards. The City requires the Project specific engineering design recommendations be incorporated into grading plans and building specifications as a condition of construction permit approval. Therefore, the development of the proposed Project would be required to conform to the seismic design parameters of the CBC, as included as PPP GEO-1, would reduce hazards from seismic-related ground failure, including liquefaction and settlement to a less than significant level (Draft Supplemental EIR at p. 5.4-10). Plans, Program and Policies: PPP GEO-1: CBC Compliance. As listed previously. Impact Finding: The Project would not result in substantial soil erosion or the loss of topsoil (Draft Supplemental EIR at p. 5.4-11). City Council 26 – 61 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 16 CEQA Findings of Fact September 2024 Facts in Support of Findings: The City’s Municipal Code Chapter 18-156, Control of Urban Runoff implements the requirements of the Orange County Municipal NDPES Storm Water Permit (Order No. R8-2016-0001). All projects in the City are required to conform to the permit requirements, which includes installation of Best Management Practices (BMPs) in compliance with the NPDES permit, which establishes minimum stormwater management requirements and controls that are required to be implemented for the proposed Project. To reduce the potential for soil erosion and the loss of topsoil, a Stormwater Pollution Prevention Plan (SWPPP) is required by the Regional Water Quality Control Board (RWQCB) regulations to be developed by a QSD (Qualified SWPPP Developer). The SWPPP is required to address site-specific conditions related to specific grading and construction activities. With compliance with the City’s Municipal Code, RWQCB requirements, and the BMPs in the SWPPP that is required to be prepared to implement the proposed Project, construction impacts related to erosion and loss of topsoil would be less than significant. In addition, the proposed Project includes installation of landscaping, such that during operation of the Project substantial areas of loose topsoil that could erode would not exist. Also, the onsite drainage features that would be installed by the Project have been designed to slow, filter, and slowly discharge stormwater into the offsite drainage system, which would also reduce the potential for stormwater to erode topsoil during Project operations. Furthermore, implementation of the Project requires City approval of a site-specific Water Quality Management Plan (WQMP) (included as Appendix M to the Draft Supplemental EIR), which would ensure that the City’s Municipal Code, RWQCB requirements, and appropriate operational BMPs would be implemented to minimize or eliminate the potential for soil erosion or loss of topsoil to occur. As a result, potential impacts related to substantial soil erosion or loss of topsoil would be less than significant. Therefore, impacts related to Project buildout of the site would be consistent with the impact conclusions set forth in the GPU FEIR, which determined that impacts related to erosion and the loss of topsoil would be less than significant (Draft Supplemental EIR at p. 5.4-11). E. Hazards and Hazardous Materials Impact Finding: The Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within 0.25 mile of an existing or proposed school (Draft Supplemental EIR at p. 5.6-25). Facts in Support of Findings: The Project site is located 0.5 mile west from the closest school, which is Taft Elementary School, located at 500 Keller Avenue, Santa Ana. Thus, the proposed Project would not be within one-quarter mile of an existing school (Draft Supplemental EIR at p. 5.6-25). Construction Project construction would involve the use and disposal of various hazardous materials. However, all storage, handling, use, and disposal of these materials are regulated by federal and state regulations that are implemented by the City of Santa Ana during construction permitting, such as those included as PPP HAZ-1 and PPP HAZ-2. In addition, Mitigation Measure HAZ-1 would ensure that contaminated soils are not released into the environment. Also, the hazardous materials would travel to and from the site from the I-405 freeway and South Bristol Street, which is not in the direction of the school facilities. The freeway is located to the south and the closest school is located City Council 26 – 62 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 17 CEQA Findings of Fact September 2024 to the east of the site. Thus, the hazardous materials handled during construction of the proposed Project would not travel past the school facilities and potential impacts to the schools related to transport of hazardous materials would not occur (Draft Supplemental EIR at pp. 5.6-25 through 5.6-16). Operation Operation of the proposed Project includes activities related to retail commercial, restaurant, and multi-family residential development, which generally uses common hazardous materials, including: solvents, cleaning agents, paints, pesticides, batteries, and aerosol cans. Normal routine use of these products pursuant to existing regulations would not result in a significant hazard to the environment or school facilities in the vicinity of the proposed Project. Therefore, operational impacts related to nearby schools would be less than significant (Draft Supplemental EIR at p. 5.6-26). Plans, Program and Policies: PPP HAZ-1: SCAQMD Rule 1403. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that an asbestos survey has been conducted at all existing buildings located on the Project site. If asbestos or asbestos containing material is found, the Project applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) Rule 1403. Rule 1403 regulations require that the following actions be taken: notification of SCAQMD prior to construction activity, asbestos removal in accordance with prescribed procedures, placement of collected asbestos in leak-tight containers or wrapping, and proper disposal. PPP HAZ-2: Lead. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that a lead-based paint survey has been conducted at all existing buildings located on the Project site. If lead-based paint is found, the Project applicant shall follow all procedural requirements and regulations for proper removal and disposal of the lead-based paint. CalOSHA has established limits of exposure to lead contained in dusts and fumes. Specifically, CCR Title 8, Section 1532.1 provides for exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. Impact Finding: The Project would not result in a safety hazard or excessive noise for people residing or working in the project area for a project located within an airport land use plan or, where such plan has not been adopted, be within 2 miles of a public airport use airport or public use airport (Draft Supplemental EIR at p. 5.6-27). Facts in Support of Findings: The John Wayne Airport (SNA) is located approximately 1.4 miles southeast of the Project site. The Project site is not located within SNA’s Airport Safety Zone, (as shown in Draft Supplemental EIR Figures 5.6-2 and 5.6-3) and is located outside of the airport’s 60 CNEL contours (as shown on Draft Supplemental EIR Figures 5.7-2 and 5.7-3). The Airport Environs Land Use Plan (AELUP) for John Wayne Airport shows that residential land uses outside of the 60 CNEL contour are “normally consistent”. However, the Project site is located within the AELUP Notification area for SNA and FAR Part 77 Notification Imaginary Surface area (shown on Draft Supplemental EIR Figure 5.6-1). City Council 26 – 63 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 18 CEQA Findings of Fact September 2024 The tallest point on the buildings would be approximately 285 feet above the existing ground level, which is approximately 30 feet above sea level. Thus, the top of the tallest point on the buildings would be approximately 315 feet above sea level. Because the Project site is located 1.4 miles northwest of SNA and is not within the Airport’s safety zone, the proposed Project would not result in a safety hazard. However, as shown on Figure 5.6-1, the Project site is located within the 200- foot-high imaginary surface area for SNA, and the proposed Project would extend to approximately 315 feet above sea level. Therefore, FAA notification for the proposed Project is required. In addition, the proposed Project would not result in hazards related to excessive glare, light, steam, smoke, dust, or electronic interference. Exterior lighting fixtures and security lighting would be installed in accordance with Municipal Code Division 3, Building Security Regulations, which includes specifications for shielding and intensity of security lighting. In addition, the proposed Project would not use highly reflective surfaces, and does not include large areas of glass on the buildings, as shown in the Project elevations, included in Draft Supplemental EIR Chapter 3.0, Project Description. Therefore, the proposed Project would not generate substantial sources of glare. As described in Draft Supplemental EIR Section 5.1, Air Quality, operation of the proposed residential and commercial uses would not generate substantial quantities of steam, smoke, or dust emissions. As described, dust emissions are regulated by AQMD requirements and construction related air quality emissions that could include steam, smoke, and dust emissions would be less than significant with implementation of the standard AQMD Rules listed in Draft Supplemental EIR Section 5.1, Air Quality. The proposed Project consists of residential and commercial uses that would include the use of typical electronics, such as computers, televisions, and other electronics with wireless capability. The new residential and commercial uses on the site would use similar technology to those currently used on the site which do not cause electronic interference that could affect aircraft. Thus, impacts related to electronic interference with operations of the SNA would not occur. Due to the nature of the required City approvals (i.e., the proposed Specific Plan and zoning amendment), the City of Santa Ana, pursuant to Public Utilities Code Section 21676, sent the proposed Project to the ALUC for review for consistency with the AELUP. An ALUC hearing was held on July 20, 2023 and the Project was found to be inconsistent with the ALUC policies. However, in accordance with Public Utilities Code Section 21676(B), at the August 29, 2023 City Council Hearing, the City Council initiated the first step in the overrule process by providing notice to ALUC and the California Department of Transportation Division of Aeronautics of the City’s intention to overrule the ALUC’s determination by providing the agencies with a Notice of Intent at least 45 days in advance of the overruling action. The City of Santa Ana may override the ALUC determination by a two-thirds majority vote by the City Council at the City Council Hearing for the Project so long as the City Council make specific consistency findings in accordance with the Public Utilities Code Section 21670. The proposed Project would comply with this ALUC notification and all other applicable rules and regulations as they pertain to SNA and airport safety. Overall, because the proposed Project is not located within the SNA Airport Safety Zone or the SNA 60 CNEL noise contour; and it would not result in hazards related to excessive glare, light, steam, smoke, dust, or electronic interference, the proposed Project would not introduce a safety hazard associated with airport operations for people residing, working, and visiting the Project site. Thus, City Council 26 – 64 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 19 CEQA Findings of Fact September 2024 Project-related hazard and noise impacts associated with SNA operations would be less than significant (Draft Supplemental EIR at pp. 5.6-27 through 5.6-28). Impact Finding: The Project would not impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan (Draft Supplemental EIR at p. 5.6-28). Facts in Support of Findings: Construction The proposed construction activities, including equipment and supply staging and storage, would occur within and adjacent to the Project site and would not restrict access of emergency vehicles to the Project site or adjacent areas. The proposed Project includes construction of new driveways to the Project site, new sidewalks, and utility improvements and connections that would require the temporary closure of travel lanes, but full roadway closure and traffic detours are not expected to be necessary. Construction activities that may temporarily restrict vehicular traffic would be required to implement adequate measures to facilitate the safe passage of persons and vehicles through/around any required temporary road restrictions in accordance with Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9), which requires that prior to any activity that would encroach into a right-of-way, the area of encroachment be safeguarded through the installation of safety devices that would be specified by the City’s Building and Safety Division during the construction permitting process to ensure that construction activities would not physically interfere with emergency access or evacuation. Therefore, implementation of the Project through the City’s permitting process would reduce potential construction related physical interference impacts to emergency access to a less than significant level (Draft Supplemental EIR at p. 5.6-28). Operation The Project would include vehicular access to the site from driveways along adjacent roadways. As described in Draft Supplemental EIR Section 5.13, Transportation, these driveways would provide adequate and safe circulation to, from, and through the Project site and would provide a variety of routes for emergency responders to access the Project site and surrounding areas. During operation of the Project, residents, employees, and commercial building tenants would be required to maintain adequate emergency access for emergency vehicles as required and verified by the City and the OCFA. Because the Project is required to comply with all applicable City codes, as verified by the City and OCFA, potential impacts related to emergency evacuation or emergency response plans would be less than significant (Draft Supplemental EIR at p. 5.6-28). F. Hydrology and Water Quality Impact Finding: The Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality (Draft Supplemental EIR at p. 5.7-10). City Council 26 – 65 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 20 CEQA Findings of Fact September 2024 Facts in Support of Findings: Construction Pollutants of concern during construction activities generally include sediments, trash, petroleum products, concrete waste (dry and wet), sanitary waste, and chemicals. Each of these pollutants on its own or in combination with other pollutants can have a detrimental effect on water quality. In addition, chemicals, liquid products, petroleum products (such as paints, solvents, and fuels), and concrete-related waste may be spilled or leaked during construction, which would have the potential to be transported via storm runoff into nearby receiving waters and eventually may affect surface or groundwater quality. During construction activities, excavated soil would be exposed, thereby increasing the potential for soil erosion and sedimentation to occur compared to existing conditions. In addition, during construction, vehicles and equipment are prone to tracking soil and/or spoil from work areas to paved roadways, which is another form of erosion that could affect water quality. However, the use of BMPs during construction implemented as part of a SWPPP as required by the NPDES General Construction Permit and included as PPP WQ-1 would serve to ensure that Project impacts related to construction activities resulting in a degradation of water quality would be less than significant. As detailed in the Preliminary Geotechnical Investigation Report (Included as Appendix G to the Draft Supplemental EIR), the historic highest groundwater at the site has been mapped at a depth of about 5 feet bgs and groundwater in 2022 was encountered between depths of 12 feet and 16 feet bgs. If contaminated, release of dewatered groundwater to surface waters can introduce total dissolved solids to surface waters. If groundwater or perched groundwater is encountered during construction and groundwater dewatering is necessary, it would be completed in compliance with the Groundwater Discharge Permit, as specified PPP WQ-2. Compliance with the requirements of the Groundwater Discharge Permit would ensure impacts related to waste discharge requirements and water quality standards would be less than significant during dewatering activities, and no mitigation would be required (Draft Supplemental EIR at pp. 5.7-10 through 5.7-11). Operation The proposed Project includes operation of retail and restaurant commercial and multi-family residential uses. Potential pollutants associated with the proposed uses include various chemicals from cleaners, pathogens from pet wastes, nutrients from fertilizer, pesticides and sediment from landscaping, trash and debris, and oil and grease from vehicles. If these pollutants discharge into surface waters, it could result in degradation of water quality. The Newport Back Bay, to which the Project site ultimately drains, is currently listed as impaired on the USEPA’s 303(d) list for various pollutants. Therefore, additional pollutant discharge could create new or exacerbate existing impairments within these waterbodies, which could result in a significant impact related to water quality. However, operation of the proposed Project would be required to comply with the requirements of the Santa Ana Regional MS4 Permit and Orange County DAMP to develop of a project-specific WQMP (included as PPP WQ-3) that would describe implementation of LID infrastructure and non- structural, structural, and source control and treatment control BMPs to protect surface water quality. City Council 26 – 66 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 21 CEQA Findings of Fact September 2024 In addition, the proposed Project would install a vegetated biotreatment system for water quality treatment, which have been sized to treat runoff from the Design Capture Storm (85th percentile, 24-hour) from the proposed Project. As storm water passes down through the planting soil, pollutants are filtered, adsorbed, biodegraded and sequestered by the soil and plants, functioning similar to bioretention systems. The discharge chamber at the end of the unit collects treated flows and discharges it into the existing and upsized storm drains. The WQMP (included as Appendix M to the Draft Supplemental EIR) is required to be approved prior to the issuance of a building or grading permit. The Project’s WQMP would be reviewed and approved by the City to ensure it complies with the Santa Ana RWQCB MS4 Permit regulations. Overall, implementation of the WQMP pursuant to the existing regulations would ensure that operation of the proposed Project would not violate any water quality standards, waste discharge requirements, or otherwise degrade water quality; and impacts would be less than significant (Draft Supplemental EIR at pp. 5.7-11 through 5.7-12). Plans, Program and Policies: PPP WQ-1: NPDES/SWPPP. Prior to issuance of any grading or demolition permits, the applicant shall provide the City Building and Safety Division evidence of compliance with the NPDES (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger. The Project applicant/proponent shall comply by submitting a Notice of Intent (NOI) and by developing and implementing a Stormwater Pollution Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site. PPP WQ-2: Groundwater Dewatering Permits. Prior to initiation of excavation activities, the Project applicant shall obtain coverage under the Santa Ana RWQCB General Waste Discharge Requirements for Discharges to Surface Waters Resulting from De Minimis Discharges or Groundwater Dewatering Operations, and/or Groundwater Cleanup/Remediation Operations at Sites within the Newport Bay Watershed Permit (Order No. R8-2019-0061, NPDES No. CAG918002), or any other subsequent permit for dewatering activities, and provide evidence of coverage to the City of Santa Ana Building and Safety Division designee. This shall include submission of a Notice of Intent (NOI) for coverage under the permit to the Santa Ana Regional Water Quality Control Board (RWQCB) at least 60 days prior to the start of excavation activities and anticipated discharge of dewatered groundwater to surface waters. Groundwater dewatering activities shall comply with all applicable provisions in the permit, including water sampling, analysis, treatment (if required), and reporting of dewatering-related discharges. Upon completion of groundwater dewatering activities, a Notice of Termination shall be submitted to the Santa Ana RWQCB. PPP WQ-3: WQMP. Prior to the approval of the Grading Plan and issuance of Grading Permits a completed Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Public Works Agency. The WQMP shall identify all Post-Construction, Site Design, Source Control, and Treatment Control Best Management Practices (BMPs) that will be incorporated into the development project in order to minimize the adverse effects on receiving waters. City Council 26 – 67 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 22 CEQA Findings of Fact September 2024 Impact Finding: The Project would not substantially decrease groundwater supplies or interfere with groundwater recharge such that the Project may impede sustainable groundwater management of the basin (Draft Supplemental EIR at p. 5.7-12). Facts in Support of Findings: Construction Any groundwater dewatering would be temporary and limited to the excavation area. Because of the relative size of the Project site, as compared to the water basin, and the limited scope of excavation that would be deep enough to encroach into groundwater, the volume of groundwater removed would not be substantial and would not decrease groundwater supplies or impede groundwater management. The proposed Project would comply with the requirements of Groundwater Discharge Permit, including testing and treatment, if necessary, that would be implemented through the RWQCB and the City’s development permitting process (and included as PPP WQ-2). Thus, any dewatering activities during construction would result in less than significant impacts to groundwater (Draft Supplemental EIR at pp. 5.7-12 through 5.7-13). Operation The Orange County Basin provides approximately 76 percent of the City’s water supply. The remaining supply comes from the Metropolitan Water District (23 percent) and recycled water (1 percent) (UWMP 2020). As shown on Table 5.7-1 of the Draft Supplemental EIR, the City’s UWMP shows that the anticipated production of groundwater would remain steady from 2025 through 2045 and that in 2045 approximately 84.4 percent of supply would be from the Orange County Basin and 14.9 percent from imported/purchased sources. As detailed in Section 5.15, Utilities and Service Systems of the Draft Supplemental EIR, the supply of water would be sufficient during both normal years and multiple dry year conditions between 2025 and 2045 to meet all of the City’s estimated needs, including the proposed Project. Therefore, the proposed Project would not result in changes to the projected groundwater pumping that would decrease groundwater supplies. Thus, impacts related to groundwater supplies would be less than significant. In addition, the onsite soils have a low infiltration rate and do not currently provide onsite infiltration. As such, infiltration of water to the existing groundwater basin is neither currently occurring, nor would occur by the proposed Project. Therefore, impacts related to interference with groundwater recharge would be less than significant (Draft Supplemental EIR at p. 5.7-13). Plans, Program and Policies: PPP WQ-2: Groundwater Dewatering Permits. As listed previously. Impact Finding: The Project would not substantially alter the existing drainage pattern of the area, including through the alteration of the course of a stream or river, in a manner which would result in a substantial erosion or siltation on- or off-site (Draft Supplemental EIR at p. 5.7-13). City Council 26 – 68 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 23 CEQA Findings of Fact September 2024 Facts in Support of Findings: Construction The existing NPDES Construction General Permit and Orange County DAMP require preparation and implementation of a SWPPP by a Qualified SWPPP Developer for the proposed construction activities (included as PPP WQ-1). The SWPPP is required to address site-specific conditions related to potential sources of sedimentation and erosion and would list the required BMPs that are necessary to reduce or eliminate the potential of erosion or alteration of a drainage pattern during construction activities to a less than significant level. In addition, a Qualified SWPPP Practitioner (QSP) is required to ensure compliance with the SWPPP through regular monitoring and visual inspections during construction activities. The SWPPP would be amended and BMPs revised, as determined necessary through field inspections, in order to protect against substantial soil erosion, the loss of topsoil, or alteration of the drainage pattern. Compliance with the Construction General Permit and a SWPPP prepared by a Qualified SWPPP Developer (QSD) and implemented by a QSP (per PPP WQ-1) would prevent construction-related impacts related to potential alteration of a drainage pattern or erosion from development activities. Overall, with implementation of the existing construction regulations that would be verified by the City during the permitting approval process, impacts related to alteration of an existing drainage pattern during construction that could result in substantial erosion, siltation, and increases in stormwater runoff would be less than significant (Draft Supplemental EIR at pp. 5.7-13 through 5.7- 14). Operation The Project-specific Preliminary WQMP describes that the Project site currently includes 37.02 acres of impermeable surfaces, which equates to 90 percent of the site. After completion of Project construction, the site would have a 4 percent reduction in impermeable surfaces (i.e., 35.37 acres or 86 percent of the site would have impermeable surfaces). The proposed Project would maintain the existing drainage pattern. The Project includes offsite storm drain improvements pursuant to the City’s Storm Drain Master Plan that involve replacing 2,230 lineal feet of the 54/60-inch storm drain with a 72-inch lateral in Sunflower Avenue and replacing a 42-inch lateral in Plaza drive with a 60-inch lateral. Treated runoff would be conveyed to the existing and upsized City of Santa Ana storm drains in the roadways adjacent to the site. From there, flows would travel to the Orange County Flood Control District Santa Ana – Gardens and then the Delhi Channel that drains to Newport Bay and the Pacific Ocean. The MS4 permit and DAMP require new development projects to prepare a WQMP (included as PPP WQ-3) that is required to include BMPs to reduce the potential of erosion and/or sedimentation through site design and structural treatment control BMPs. Overall, the proposed drainage system and adherence to the existing regulations would ensure that Project impacts related to alteration of a drainage pattern and erosion/siltation from operational activities would be less than significant (Draft Supplemental EIR at pp. 5.7-14 through 5.7-15). City Council 26 – 69 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 24 CEQA Findings of Fact September 2024 Plans, Program and Policies: PPP WQ-1: NPDES/SWPPP. As listed previously. PPP WQ-3: WQMP. As listed previously. Impact Finding: The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite (Draft Supplemental EIR at p. 5.7- 15). Facts in Support of Findings: Construction Implementation of the Project requires a SWPPP (included as PPP WQ-1) that would address site specific drainage issues related to construction of the Project and include BMPs to eliminate the potential of flooding or alteration of a drainage pattern during construction activities. This includes regular monitoring and visual inspections during construction activities. Compliance with the Construction General Permit and a SWPPP prepared by a QSD and implemented by a QSP (per PPP WQ-1) as verified by the City through the construction permitting process would prevent construction-related impacts related to potential alteration of a drainage pattern or flooding on or offsite from development activities. Therefore, impacts would be less than significant (Draft Supplemental EIR at p. 5.7-15). Operation As described previously and detailed in Table 5.7-2 of the Draft Supplemental EIR, the proposed Project would result in a decrease of the 2-year, 24-hour storm runoff flowrate by 6.3 percent and the proposed Project would manage runoff with vegetated biotreatment systems that have been designed to accommodate the proposed Project design pursuant to the MS4 Permit and DAMP requirements. The units would filter, treat, and discharge runoff into the existing and upsized offsite storm drains. As part of the permitting approval process, the proposed drainage design and engineering plans would be reviewed by the City’s Engineering Division to ensure that the proposed drainage would accommodate the appropriate design flows. Additionally, the City permitting process would ensure that the drainage system specifications adhere to the existing MS4 Permit and DAMP regulations, which would ensure that pollutants are removed prior to discharge. Overall, with compliance to the existing regulations as verified by the City’s permitting process, Project impacts related to the capacity of the drainage system and polluted runoff would be less than significant (Draft Supplemental EIR at pp. 5.7-15 through 5.7-16). Plans, Program and Policies: PPP WQ-1: NPDES/SWPPP. As listed previously. City Council 26 – 70 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 25 CEQA Findings of Fact September 2024 PPP WQ-3: WQMP. As listed previously. Impact Finding: The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff (Draft Supplemental EIR at p. 5.7-16). Facts in Support of Findings: Construction Implementation of the Project requires a SWPPP (included as PPP WQ-1) that would address site specific pollutant and drainage issues related to construction of the Project and include BMPs to eliminate the potential of polluted runoff and increased runoff during construction activities. This includes regular monitoring and visual inspections during construction activities. Compliance with the Construction General Permit and a SWPPP prepared by a QSD and implemented by a QSP (per PPP WQ-1) as verified by the City through the construction permitting process would prevent construction-related impacts related to increases in runoff and pollution from development activities. Therefore, impacts would be less than significant. As part of the permitting approval process, the proposed drainage design and engineering plans would be reviewed by the City’s Engineering Division to ensure that the proposed drainage would accommodate the appropriate design flows. Additionally, the City permitting process would ensure that the drainage system specifications adhere to the existing MS4 Permit and DAMP regulations, which would ensure that pollutants are removed prior to discharge. Overall, with compliance to the existing regulations as verified by the City’s permitting process, Project impacts related to the capacity of the drainage system and polluted runoff would be less than significant (Draft Supplemental EIR at p. 5.7-16). Operation The Project would manage increased stormwater flow with vegetated biotreatment systems that have been designed to accommodate the increased volume pursuant to the MS4 permit and DAMP requirements. The units would retain, filter, treat, and slowly discharge runoff into the existing offsite drain. Additionally, the City permitting process would ensure that the drainage system accommodates new flows and that specifications adhere to the existing MS4 permit and DAMP regulations, which would ensure that pollutants are removed prior to discharge. Overall, with compliance to the existing regulations as verified by the City’s permitting process, Project impacts related to the capacity of the drainage system and polluted runoff would be less than significant (Draft Supplemental EIR at p. 5.7-17). Plans, Program and Policies: PPP WQ-1: NPDES/SWPPP. As listed previously. Impact Finding: The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition City Council 26 – 71 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 26 CEQA Findings of Fact September 2024 of impervious surfaces, in a manner which would impede or redirect flood flows (Draft Supplemental EIR at p. 5.7-17). Facts in Support of Findings: The Project site does not include, and is not adjacent to, a stream or river. Implementation of the Project would not alter the course of a stream or river. In addition, according to the FEMA FIRM for the Project area (06059C0279J), the Project site is located within “Zone X,” which is an area determined to be outside of the 0.2 percent annual chance flood. Therefore, there is a low potential for onsite flooding to occur. Implementation of the proposed Project would result in a decrease of impermeable surfaces from 90 percent of the site to 86 percent of the site. The Project would maintain the existing drainage pattern; and drainage would be accommodated by onsite by vegetative biotreatment systems that have been sized to accommodate the DAMP required design storm. Therefore, the Project would not result in impeding or redirecting flood flows by the addition of the impervious surfaces. As detailed previously, the City’s permitting process would ensure that the drainage system specifications adhere to the existing MS4 permit and DAMP regulations, and compliance with existing regulations would ensure that impacts would be less than significant (Draft Supplemental EIR at p. 5.7-17). Impact Finding: The Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan (Draft Supplemental EIR at p. 5.7-18). Facts in Support of Findings: Use of BMPs during construction implemented as part of a SWPPP as required by the NPDES Construction General Permit and PPP WQ-1) and a RWQCB Groundwater Discharge Permit (implemented through PPP WQ-2) would serve to ensure that Project impacts related to construction activities resulting in a degradation of water quality would be less than significant. Thus, construction of the proposed Project would not conflict or obstruct implementation of a water quality control plan. Also, development projects are required to implement a WQMP (per the Regional MS4 Permit and PPP WQ-3) that would comply with the Orange County DAMP. The WQMP and applicable BMPs are verified as part of the City’s permitting approval process, and construction plans would be required to demonstrate compliance with these regulations. Therefore, operation of the proposed Project would not conflict of obstruct with a water quality control plan. In addition, the OCWD manages basin water supply through the Basin Production Percentage (BPP), such that, the anticipated production of groundwater would remain steady from 2025 through 2040 (as shown in Draft Supplemental EIR Table 5.8-1). As detailed in Draft Supplemental EIR Section 5.15, Utilities and Service Systems, the City’s supply of water listed in Draft Supplemental EIR Table 5.7-1 would be sufficient during both normal years and multiple dry year conditions between 2025 and 2045 to meet all of the City’s estimated needs, including the proposed Project. Therefore, the Project would be consistent with the groundwater management plan and would not conflict with or obstruct its implementation. Thus, impacts related to water quality control plan or sustainable groundwater management plan would be less than significant (Draft Supplemental EIR at p. 5.7- 18). City Council 26 – 72 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 27 CEQA Findings of Fact September 2024 Plans, Program and Policies: PPP WQ-1: NPDES/SWPPP. As listed previously. PPP WQ-2: Groundwater Dewatering Permits. PPP WQ-3: WQMP. As listed previously. G. Land Use and Planning Impact Finding: The Project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect (Draft Supplemental EIR at p. 5.8-20). Facts in Support of Findings: 2020 RTP/SCS The 2020 RTP/SCS Goals that are relevant to the proposed Project focus largely on maximizing mobility, encouraging development patterns and densities that reduce infrastructure costs, and providing for efficiency. The proposed Project would be consistent with the applicable SCAG’s 2020 RTP/SCS goals, as detailed in Draft Supplemental EIR Table 5.8-1. Therefore, implementation of the proposed Project would not result in conflict with RTP/SCS goals, and impacts would not occur (Draft Supplemental EIR at pp. 5.8-20 through 5.8-23). JWA Airport Environs Land Use Plan SNA is located approximately 1.4 miles southeast of the Project site within the AELUP Notification area and FAR Part 77 Notification area for the airport, but outside of the airport’s 60 CNEL Contour. Draft Supplemental EIR Table 5.8-2 provides an assessment of the proposed Project’s consistency with the AELUP for SNA. As detailed, the AELUP identifies the proposed mix-use residential land uses as normally consistent. Thus, pursuant to the AELUP for JWA, impacts related to land use compatibility would not occur (Draft Supplemental EIR at pp. 5.8-23 through 5.8-25). General Plan Land Use Designation The Project site currently has a General Plan Land Use designation of District Center-High (DC-5), which has a maximum Floor Area Ratio (FAR) of 5.0, or 125 dwelling units per acre (du/ac) and a maximum height of 25 stories that allows up to 8,733,780 SF of mixed uses, inclusive of residential uses, within the Project site. The GPU Land Use Element also states that the DC-5 designation is for “Transit-oriented and high density urban villages consisting of visually striking and dynamic buildings and spaces with a wide range and mix of residential, live-work, commercial, hotel, and employment-generating uses”. The proposed Project would implement the City’s GPU and the DC-5 land use designation for the Project site by removing the existing low intensity vehicle-oriented commercial development on the site and provide a new mixed-use development with up to 3,750 multi-family residential units; up to 350,000 SF of commercial uses; a 250-room hotel; a senior living/continuum of care use with up to 200 units; and approximately 13.1 acres of common open space that would provide pedestrian City Council 26 – 73 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 28 CEQA Findings of Fact September 2024 connectivity throughout the site. The proposed Project would result in a residential density of 91 du/ac and a non-residential FAR of 2.7, which is within the DC-5 allowable residential density of up to 125 du/ac and non-residential FAR of up to 5.0. The proposed Project would provide a mix of uses, including residential, retail, and commercial services, recreation, and entertainment. In addition, the Project site is located within a Transit Priority Area (TPA) and High Quality Transit Area, and is adjacent to six bus routes that provide connections to regional transit services. Thus, the proposed Project would implement, and would not conflict with, the General Plan land use designation for the site (Draft Supplemental EIR at pp. 5.8-25 through 5.8-26). GPU Focus Area The Project site is located within the GPU South Bristol Street Focus Area. The GPU Land Use Element states that the intent of the South Bristol Street Focus Area is to create opportunities to transform auto-oriented shopping plazas to walkable, bike-friendly, and transit-friendly urban villages that incorporate a mix of high intensity office and residential living with experiential commercial uses. The proposed Project would implement the intent of the South Bristol Street Focus Area by removing the existing low intensity auto-oriented shopping center on the site and provide a new mixed-use urban village with up to 3,750 multi-family residential units; up to 350,000 SF of commercial uses; a 250-room hotel; a senior living/continuum of care use with up to 200 units; and approximately 13.1 acres of common open space that would provide pedestrian connectivity throughout the site. The proposed Project would be transit-friendly because the site is within a TPA and a High Quality Transit Area, and adjacent to six OCTA bus routes that connect to regional transportation. Additionally, the proposed Project would install on and offsite pedestrian and bicycle facilities and would include onsite bicycle parking/lockers, etc. and therefore, would be bike friendly. The proposed Project would implement the intent and GPU vision for the South Bristol Street Focus Area. Impacts related to conflict with the GPU South Bristol Street Focus Area would not occur from implementation of the proposed Project. (Draft Supplemental EIR at p. 5.8-26). Land Use Consistency The areas surrounding the Project site are developed with residential, service, office, and commercial uses. Development of the site for multi-family residential, commercial (retail/restaurant/hotel), and open space uses would integrate into the adjacent areas. The proposed Project would provide housing proximate to local employment centers, commercial retail services and restaurants for onsite residents and employees working nearby. In addition, the proposed Project would provide onsite open space and recreation activities that would integrate into the existing communities around the site. The proposed Project would provide vehicular, bicycle, and pedestrian access and would provide circulation improvements to efficiently integrate into the land uses and circulation infrastructure of the area. Overall, the proposed Project would not result in a land use inconsistency. The proposed Project would implement a mix of uses, including multi-family residential, and would provide locational efficiency as it allows people to work, live, and obtain services within a small area, which has the potential to reduce VMT in comparison to residential development that is farther from employment and services. As described throughout this Supplemental EIR, with implementation of existing City Council 26 – 74 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 29 CEQA Findings of Fact September 2024 regulations, the proposed Project would not result in significant environmental impacts such as light, noise, or air quality to the adjacent existing and planned land uses. Therefore, impacts related to land use inconsistency would be less than significant (Draft Supplemental EIR at pp. 5.8-26 through 5.8-27). General Plan Goals, Policies, and Objectives A detailed analysis of the proposed Project’s consistency with the applicable goals, policies, and objectives of the City’s GPU that serve to avoid or mitigate environmental impacts is provided in Table 5.8-3 of the Draft Supplemental EIR. As described, the proposed Project would be consistent with the relevant goals, policies, and objectives of the City’s GPU that avoid or mitigate environmental impacts, and impacts related to conflict with a GPU policy related to an environmental effect would be less than significant (Draft Supplemental EIR at pp. 5.8-27 through 5.8-43). Zoning Designation The existing zoning of the Project site is General Commercial (C-2) north of Callen’s Common, and Commercial Residential (CR) and General Commercial (C-2) south of Callen’s Common, as shown on Figure 3-5, Existing Zoning, in Chapter 3.0, Project Description of the Draft Supplemental EIR. As listed previously, the C-2 zone is designated for general commercial uses that include: wholesale, automotive garages, retail, etc. Structures in the C-2 zone are limited to 35 feet in height, and 15- foot-wide yards are required adjacent to arterial streets, such as Sunflower Avenue and Bristol Street. The C-R zone is designated to integrate commercial and residential land uses that include retail and services, professional offices, one-family and multi-family dwellings, etc. with landscaped setbacks. The proposed SP zoning of the site would implement the GPU objectives for the South Bristol Street Focus Area, pursuant to the DC-5 General Plan land use designation. The proposed Specific Plan includes design guidelines for the non-auto oriented urban scale development that address site layout, building scaling and massing, building entry design, vehicle and pedestrian circulation, parking and loading area requirements, landscaping design requirements, and more. Because the proposed SP zoning would implement the existing land use designation and GPU vision for the South Bristol Street Focus Area, impacts related to conflict with a land use plan, policy, or program would not occur from implementation of the proposed Project (Draft Supplemental EIR at p. 5.8- 43). Regulations Governing Scenic Quality The proposed Specific Plan includes design guidelines that would govern scenic quality on the Project site pursuant to the DC-5 land use designation and objectives for the South Bristol Street Focus Area. Visual corridors would be protected through compliance with the proposed Specific Plan guidelines which require building setbacks from public view corridors, including a 20-foot average setback from South Bristol Street; a 15-foot average setback from MacArthur Boulevard, Sunflower Avenue, and South Plaza Drive; and a 12-foot average setback from Callen’s Common, which are measured from the front of curb. Setbacks would be landscaped. Varying building setbacks and materials, along with landscaping as required by the Specific Plan design guidelines, City Council 26 – 75 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 30 CEQA Findings of Fact September 2024 would implement the GPU policies governing scenic quality. Table 5.8-4 of the Draft Supplemental EIR describes the proposed Project’s consistency with the relevant GPU goals and policies regarding aesthetics. As detailed, the proposed Project would be consistent with and implement the GPU policies through the design guidelines that are included in the proposed Specific Plan (Draft Supplemental EIR at pp. 5.8-43 through 5.8-48). H. Noise Impact Finding: The Project would not generate excessive groundborne vibration or groundborne noise levels (Draft Supplemental EIR at p. 5.9-30). Facts in Support of Findings: Construction Demolition, excavation, and grading activities are required for the Project and can result in varying degrees of groundborne vibration, depending on the equipment and methods used, distance to the affected structures and soil type. As indicated in Table 5.9-18 of the Draft Supplemental EIR, based on FTA data, vibration velocities from typical heavy construction equipment operations that would be used during Project construction range from 0.003 to 0.089 in/sec PPV at 25 feet from the source of activity; and would range from 0.0011 to 0.0315 in/sec PPV at 50 feet from the source of activity. All of the onsite and offsite receptors are farther than 25 feet from construction areas; and therefore, actual vibrations at sensitive receptors would be less. These vibration levels would not be sustained during the entire construction period but would occur only during the times that heavy construction equipment is operating in the vicinity of the sensitive receivers. This level of vibration would be below the Caltrans building damage threshold of 0.2 in/sec PPV and vibration standard of 0.04 in/sec PPV for human annoyance at all receiver locations. Therefore, vibration impacts would be less than significant (Draft Supplemental EIR at pp. 5.9-30 through 5.9-31). Operation Operation of the proposed commercial and multi-family uses would include heavy trucks for residents moving in and out of the rental units, product deliveries to retail and restaurant uses, and garbage trucks for solid waste disposal. Truck vibration levels are dependent on vehicle characteristics, load, speed, and pavement conditions. However, typical vibration levels for the heavy truck activity at normal traffic speeds would be approximately 0.006 in/sec PPV, based on the FTA Transit Noise Impact and Vibration Assessment. Truck movements on site would be travelling at very low speed, so it is expected that truck vibration at nearby sensitive receivers would be less than the vibration threshold of 0.08 in/sec PPV for fragile historic buildings and 0.04 in/sec PPV for human annoyance, and therefore, would be less than significant. The operational vibration impacts that would be generated by the proposed Project would be less than those identified by the GPU FEIR, which were determined to be significant and unavoidable. Therefore, operational vibration impacts related to the proposed Project would not exceed those previously identified (Draft Supplemental EIR at p. 5.9-31). Impact Finding: The Project would not expose people residing or working in the Project area to excessive airport noise related to a public airport (Draft Supplemental EIR at p. 5.9-31). City Council 26 – 76 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 31 CEQA Findings of Fact September 2024 Facts in Support of Findings: The exterior noise thresholds outlined in the AELUP, multi-family residential development is considered normally consistent with exterior noise levels of less than 60 dBA CNEL, conditionally consistent with exterior noise levels between 60 and 65 dBA CNEL and normally inconsistent with exterior noise level above 65 dBA CNEL. For commercial retail land use, exterior noise levels are considered normally consistent with exterior noise levels of less than 65 dBA CNEL and conditionally consistent with exterior noise level above 65 dBA CNEL. As shown on Draft Supplemental EIR Figures 5.6-2 and 5.6-3, the Project site is located outside the airport’s planned and actual (2019) 60 dBA CNEL aircraft noise level contour boundaries of SNA. Therefore, according to the AELUP, the Project residential and commercial retail land use is considered normally consistent with JWA aircraft noise exposure exterior noise level compatibility thresholds. Also, the airport-related noise at the Project site does not exceed the City’s municipal code permissible noise levels. Additionally, the County’s General Aviation Noise Ordinance prohibits commercial aircraft departures between the hours of 10:00 p.m. and 7:00 a.m. and arrivals between the hours of 11:00 p.m. and 7:00 a.m. These restrictions substantially limit the aircraft noise during the noise sensitive nighttime hours for residential use. Overall, the Project site would not be exposed to excessive noise levels from airport operations, and therefore, impacts would be less than significant (Draft Supplemental EIR at pp. 5.9-31 through 5.9-32). I. Population and Housing Impact Finding: The Project would not induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) (Draft Supplemental EIR at p. 5.10-8). Facts in Support of Findings: Housing and Population Growth Draft Supplemental EIR Table 5.10-8 shows that at full occupancy the Project would house approximately 9,238 residents. As shown in Draft Supplemental EIR Table 5.10-6, the buildout population of the South Bristol Street Focus Area was identified as 19,176 persons. Therefore, the Project buildout of 9,238 residents would be 48 percent of the GPU FEIR buildout for the South Bristol Street Focus Area, and population growth from the proposed Project would not exceed the growth identified in the GPU Final EIR. Therefore, the proposed Project would not induce substantial unplanned direct growth in the area, and impacts related to housing and population growth would be less than significant (Draft Supplemental EIR at p. 5.10-8). Employment Growth The proposed site redevelopment would also include 350,000 SF of commercial space and 250 hotel rooms, which would not exceed the increase of 3,505,130 SF of non-residential space that was planned for the South Bristol Street Focus Area by the GPU. In addition, employees would be needed associated with the proposed mix of uses, including the senior/continuum of care units. The proposed Project would result in a total of 1,092 employees at buildout and full occupancy, as shown in Draft Supplemental EIR Table 5.10-9. These employees would consist of approximately 14 percent of the GPU projected increase in employment from buildout of the South Bristol Street Focus Area. Therefore, employment growth from buildout of the proposed Project would not exceed City Council 26 – 77 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 32 CEQA Findings of Fact September 2024 the growth identified in the GPU Final EIR, and impacts related to employment growth would be less than significant (Draft Supplemental EIR at p. 5.10-9). Job Housing Balance The City of Santa Ana is jobs rich, with an existing jobs-housing ratio of 2.0. The proposed Project would reduce (improve) the jobs-housing ratio slightly by adding 1,092 jobs and 3,750 residential units (a ratio of 0.29 jobs per non-senior residential unit). The proposed Project would provide a regional beneficial effect of providing multi-family housing on the Project site in a jobs-rich area, where employees can easily travel to nearby employment opportunities. In addition, because the area is jobs-rich, the addition of residential units in the area would not require additional jobs that could result in growth. Conversely, the new residents would fill the need for employees that are anticipated by SCAG projections. Thus, the additional residential units would not indirectly result in the need for additional employment opportunities, which could result in growth. Therefore, this indirect impact related to growth would be less than significant. The proposed Project is located in Transit Priority Area and is in close proximity to existing transportation infrastructure that provides mobility for residents to employment opportunities within the region. The Project site is 0.5 mile from I-405, which is easily accessible via an interchange at Bristol Street. As detailed in Section 5.13, Transportation, the Orange County Transportation Agency operates seven bus routes with bus stops adjacent to the Project site. In addition, the Project site is bound by sidewalks on Bristol Street, MacArthur Boulevard, South Plaza Drive, and Sunflower Avenue; and the proposed Project would install new onsite and offsite pedestrian and bicycle facilities, which would connect to other existing pedestrian and bicycle facilities. The residents and employees of the proposed Project would have convenient access to sustainable multimodal transportation that would allow for walking, biking, and the use of existing transit, which could reduce vehicular trips and the related effects (such as traffic, air quality, greenhouse gas emissions, and noise impacts). Thus, the improved jobs-housing ratio would be an indirect physical benefit of the proposed Project (Draft Supplemental EIR at pp. 5.10-9 through 5.10-10). Infrastructure The Project site is adjacent to existing roadways that would not be extended or upsized to serve the proposed Project. Although the proposed Project includes roadway improvements, they are related to installing ingress/egress to the proposed uses on the Project site and providing a multi- modal circulation system by enhancing pedestrian and bicycle facilities. These roadway improvements would provide for efficient and multi-modal circulation to, from, and within the Project site and would not provide additional roadways or roadway capacity that could indirectly induce substantial unplanned growth in the area. As described in Section 5.15, Utilities and Service Systems of the Draft Supplemental EIR, the proposed Project would install a new onsite water infrastructure system that would connect to water pipelines adjacent to the site. The onsite improvements include construction of a new 12-inch water line in Bristol Paseo and replacement of the existing 12-inch water line in Callen’s Common with a new 12-inch main and connection of the new onsite infrastructure to the replacement line. The City Council 26 – 78 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 33 CEQA Findings of Fact September 2024 proposed Project also includes offsite infrastructure improvements that would replace an approximately 600-foot section of the existing 12-inch water main located at the northerly portion of Plaza Drive (immediately south of MacArthur Boulevard). The proposed Project would install a new onsite sewer system that would connect to the existing 78-inch Orange County Sanitation District (OCSD) sewer main in Sunflower Avenue As detailed in Section 5.15, Utilities and Service Systems of the Draft Supplemental EIR, the proposed Project would install a storm drain system within the onsite roadways to convey the stormwater to proposed vegetated biotreatment systems on the site and then to the existing or upgraded City storm drain systems in MacArthur Boulevard, South Plaza Drive, Sunflower Avenue, and Bristol Street. The proposed Project would upgrade the existing 54-inch reinforced concrete pipe (RCP) in Sunflower Avenue to a 72-inch RCP for 2,230 linear feet and the existing 42-inch RCP in South Plaza Drive to a 60-inch RCP for 320 linear feet; however, these upgrades would replace existing storm drain lines and are to accommodate existing stormwater volumes. As such, the proposed Project would connect to existing or upgraded storm drain infrastructure and would not result in the expansion of storm drainage facilities in a manner which could accommodate substantial unplanned growth in the area. The Project site is currently being served by the existing natural gas and electric infrastructure that is adjacent to the site. The proposed Project would install new gas and electric infrastructure onsite that would connect to the existing natural gas and electric facilities that are in the adjacent roadway easements and are provided by Southern California Gas and Southern California Electric, respectively. The gas and electric infrastructure do not require extensions or capacity enhancements that could indirectly induce substantial unplanned growth in the area. Furthermore, no infrastructure would be extended or expanded to serve areas beyond the Project site, and indirect impacts related to the extension of infrastructure would not occur from implementation of the proposed Project. Overall, the proposed Project would not result in an increase in inducement of population growth beyond that identified by the GPU FEIR that would have the potential to create a significant physical change to the environment. As a result, impacts from buildout of the proposed Project would be less than significant and less than those identified in the GPU FEIR, which were determined to be significant and unavoidable (Draft Supplemental EIR at pp. 5.10-10 through 5.10-11). J. Public Services Impact Finding: The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered fire service facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios and response times or other performance objectives for fire protection services (Draft Supplemental EIR at p. 5.11-5). Facts in Support of Findings: The proposed Project would remove the existing 16 commercial buildings and develop 3,750 multi-family residences, 200 senior/continuum of care units, 250 hotel rooms, and 350,000 SF of new commercial uses. The proposed Project would result in 9,238 residents and 1,092 employees at full occupancy. This residential and employee population is expected to create the typical range of service calls to OCFA that are largely related to medical emergencies. City Council 26 – 79 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 34 CEQA Findings of Fact September 2024 The Project site is within 4 miles of 6 existing fire stations and the Project site is within a developed area that is currently served by these stations. The two nearest serving stations (Station 76 and 77) are slightly under and slightly over the response time standard 90th percentile of 8:30 minutes. The calls for service from the additional population at the Project site could result in an increase in response times, and result in Station 76 exceeding the existing standards for service or result in Station 77 further exceeding the existing standards for service, if the calls coincide with other calls for service. However, fire protection equipment and staffing can be augmented by the City as needed (with assistance from revenue provided by the proposed Project and the fire facilities fee required per Chapter 8-46 of the Municipal Code) to expand fire protection and emergency medical staffing and equipment provided from existing stations and better accommodate simultaneous service calls. Chapter 8-46 of the Santa Ana Municipal Code requires a fire facilities fee be paid prior to the issuance of building permit for construction of buildings exceeding two stories in height, such as the buildings included in the proposed Project. The purpose of the fire facilities fee is to improve fire stations in the City and provide revenue for equipment needed to fight fires in buildings over two stories in height. The proposed Project would be required to pay a fire facilities fee to fund the improvement of existing fire facilities and provision of any needed equipment. Additionally, the proposed Project would remove the existing buildings, which were constructed pursuant to fire code standards of the early 1970s and 1980s and develop new building structures pursuant to the most recent California building and fire codes, which would improve the fire safety of the Project site compared to the existing buildings. California’s building/fire codes are published in their entirety every three years and were most recently updated in 2022. As all projects within the City, the proposed Project would be required per City permitting to comply with existing regulations, including the Santa Ana Fire Code and the OCFA Fire Prevention Guideline B-09, Fire Master Plans for Commercial and Residential Development. Overall, with the six existing fire stations within approximately 4 miles of the Project site, and the first and second responding stations 0.5 mile and 2.2 miles from the proposed Project, the area has adequate nearby fire facilities to serve the proposed Project in addition to the existing service needs of the area; and construction of a new or expanded fire station would not be required as a result of the proposed Project. As provided by the OCFA 2022 Statistical Annual Report, OCFA fire stations responded to 30,604 incidents resulting in 40,244-unit responses. Of the calls for service, 75 percent (22,835) were for emergency medical calls, 2 percent (734) were for fire incidents, and 23 percent (7,035) were for other incidents, which includes: cancelled service calls, ruptures, hazardous conditions, false alarms, and miscellaneous calls. Thus, the proposed Project would not result in substantial adverse physical impacts associated with the provision of, or the need for, new or physically altered fire protection facilities. Also, existing fire protection facilities, equipment, and staffing could be augmented as needed, as disclosed within the GPU FEIR (with assistance from revenue provided by the proposed Project and the fire facilities fee required prior to the issuance of building permits per Chapter 8-46 of the Municipal Code) to expand fire protection and emergency medical staffing and equipment provided from existing stations as the stations have capacity for additional staffing. Therefore, impacts related to fire protection services would be less than significant and consistent with those identified in the GPU FEIR, which determined City Council 26 – 80 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 35 CEQA Findings of Fact September 2024 that impacts related to fire protection services would be less than significant (Draft Supplemental EIR at pp. 5.11-5 through 5.11-6). Impact Finding: The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered police service facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios and response times or other performance objectives for police services (Draft Supplemental EIR at p. 5.11-12). Facts in Support of Findings: The proposed Project includes development of an administrative Police Department substation (no transfers or bookings) to be located within the commercial use area. The proposed Police Department substation would provide space for the expansion of policing services in the southern portion of the City including the ability to quickly respond to emergency calls from within the Project site. The construction and operational activities related to the new police substation are included as part of the proposed Project and would not result in any physical environmental effects beyond those identified throughout this Draft Supplemental EIR. For example, an analysis of construction emissions from building the new substation is included in Sections 5.1, Air Quality, and 5.5, Greenhouse Gas Emissions of the Draft Supplemental EIR. The proposed Project would result in an incremental increase in demands on law enforcement services but would not be significant when compared to the current demand levels. As described previously, the residential population of the Project site at full occupancy would be approximately 9,238 residents. Based on the Police Department’s 2022 staffing ratio of 0.98 officers per thousand population, at buildout, the proposed Project would require 9 additional officers. These new officers would be added to the Police Department staffing and would be accommodated by the proposed administrative Police Department substation because not all 9 would work at the same time, with staggered shifts in the field and on patrol. With the additional staffing and onsite proposed administrative Police Department substation, law enforcement personnel are anticipated to be able to respond in a timely manner to emergency calls within the Project site. Because the addition of 9 additional officers, based on Project buildout assumptions, could be accommodated by the proposed administrative Police Department substation and also other existing City policing facilities, the proposed Project would not result in the requirement to construct any other new facilities or expand any of the City’s existing policing facilities. Therefore, because the proposed Project incorporates a new substation as part of the proposed Project, the construction of which is analyzed in conjunction with the proposed Project, the proposed Project would not result in the need for additional new or physically altered police protection facilities offsite. The proposed substation is analyzed as part of the proposed Project and would not result in any substantial impacts beyond those identified in the Draft Supplemental EIR associated with the construction and operation of the proposed Project. As such proposed Project impacts would be consistent with those identified as part of the GPU FEIR, which determined that impacts related to police protection services would be less than significant (Draft Supplemental EIR at pp. 5.11-12 through 5.11-13). Impact Finding: The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered school facilities, the construction of which could cause significant environmental impacts (Draft Supplemental EIR at p. 5.11-16). City Council 26 – 81 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 36 CEQA Findings of Fact September 2024 Facts in Support of Findings: The proposed Project would develop 3,750 multi-family apartments, which would provide housing for families that have school children. As detailed in Draft Supplemental EIR Table 5.11-5, the proposed Project would result in 1,678 students at full occupancy. As shown in Draft Supplemental EIR Table 5.11-6, at buildout of the proposed Project, Jefferson Elementary School and Segerstrom High School may be over-capacity and additional or expanded facilities may be needed. However, the Santa Ana Unified School District Facilities Master Plan identifies that Jefferson Elementary School is planned for addition of a new two-story classroom building with 13,560 SF and 12 teaching stations; and Segerstrom High School is planned for a new 12,035 SF career technical education classroom building. These planned school facilities would assist in meeting future student capacity needs. In addition, the need for additional school facilities is addressed through compliance with school impact fee assessment. The existing Santa Ana Unified School District development impact fee is $4.08 per square foot for all new residential development, and $0.66 per square foot for new commercial development. Pursuant to Government Code Section 65995 applicants shall pay developer fees to the appropriate school districts at the time building permits are issued; and payment of the adopted fees provides full and complete mitigation of school impacts. As a result, impacts related to school facilities would be less than significant, which is consistent with the findings of the GPU FEIR (Draft Supplemental EIR at pp. 5.11-16 through 5.11-17). Impact Finding: The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered library facilities, the construction of which could cause significant environmental impacts (Draft Supplemental EIR at p. 5.11-20). Facts in Support of Findings: The proposed Project would develop 3,750 multi-family apartments, and a senior living/continuum of care use with up to 200 units, and a hotel with up to 250 rooms. Project buildout would result in approximately 9,238 additional residents, which would increase the demand for library services in the City. However, library use has declined due to the availability of online library materials and may continue to decline as the information available on the Internet increases exponentially over time (American Enterprise Institute [AEI], 2022). Property tax revenue generated by the proposed Project, as well as future and existing development, would contribute municipal funding that could be used by the City to construct future library facilities. However, the decision to construct any such facilities and the nature of any construction would be within the discretion of the City, as the entity responsible for such construction and operation of the library. As the proposed Project would be developed consistent with the buildout assumption for the site pursuant to the GPU, impacts to library services would be consistent with those identified within the GPU FEIR. Therefore, impacts to library services would be less than significant (Draft Supplemental EIR at p. 5.11-20). City Council 26 – 82 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 37 CEQA Findings of Fact September 2024 K. Transportation Impact Finding: The Project would not conflict with a program, plan or ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. (Draft Supplemental EIR p. 5.13-10). Facts in Support of Findings: As detailed in Table 5.13-3 of the Draft Supplemental EIR, Phase 1 of the proposed Project is forecast to generate 4,167 “net” daily trips, with 545 “net” trips in the AM peak hour and 359 “net” trips in the PM peak hour. Phase 2 of the proposed Project is forecast to generate 3,241 “net” daily trips, with 293 “net” trips in the AM peak hour and 271 “net” trips in the PM peak hour. Phase 3 of the proposed Project is forecast to generate 80 fewer “net” daily trips, with 381 “net” trips in the AM peak hour and 58 “net” trips in the PM peak hour. Operation of all three Phases at buildout of the proposed Project is anticipated to generate 7,328 net daily trips, including 1,219 AM peak hour and 688 PM peak hour trips (Draft Supplemental EIR pp. 5.13- 10 through 5.13-11). Roadway The proposed Project would continue to provide vehicular access to the site from the adjacent roadways, but would provide new driveways: five unsignalized right-turn only driveways and one signalized driveway along South Plaza Drive, two unsignalized right-turn only driveways along MacArthur Boulevard, three unsignalized right-turn only driveways along Bristol Street (one of which would be truck driveway), two signalized driveways on Bristol Street, and two unsignalized right- turn only driveways and one signalized driveway along Sunflower Avenue. In addition, the proposed Project would provide pedestrian and bicycle access to and through the site from installation of new and/or reconstructed landscaped sidewalks, the internal Greenlink pedestrian circulation, and Class IV bike lanes on Bristol Street, MacArthur Boulevard, and Sunflower Avenue along the Project site frontage. As shown on Figure 3-12 of the Draft Supplemental EIR, Proposed Circulation Plan, the Related Bristol Specific Plan identifies multiple circulation improvements to connect the proposed redevelopment of the site to the existing circulation system adjacent to the site in a manner that would implement efficient multi-modal circulation to, from, and within the Project site. Thus, a conflict with a program, plan, or policy related to roadway circulation would be less than significant (Draft Supplemental EIR pp. 5.13-11 through 5.13-13). Transit Facilities The Project site is located within a TPA and a high-quality transit corridor and is served by OCTA Routes 55, 57, 76, 86, 150, and 553. These existing transit services would continue to serve the ridership in the area and would serve residents, employees, and visitors of the Project site. The proposed Project would not alter or conflict with existing transit stops and schedules, and impacts related to transit services would not occur (Draft Supplemental EIR p. 5.13-13). Bicycle Facilities As detailed previously, Bristol Street has Class II bike lanes. The Related Bristol Specific Plan includes installation of a Class IV bike lane on Bristol Street, MacArthur Boulevard, and Sunflower Avenue City Council 26 – 83 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 38 CEQA Findings of Fact September 2024 with a median buffer. Therefore, the proposed Project would enhance existing bicycle facilities within the Project vicinity. Implementation of the proposed Project would not conflict with existing or planned bike lanes or bicycle transportation. Thus, impacts related to bicycle facilities would not occur (Draft Supplemental EIR p. 5.13-13). Pedestrian Facilities Implementation of the Specific Plan would include roadway improvements within the Project site that would provide for new sidewalks where none exist currently or provide for sidewalk improvements, thereby improving pedestrian facilities and the sidewalk network. The proposed Project would also provide sidewalks throughout the Project site that would connect the different onsite uses. Therefore, the proposed Specific Plan would not conflict with pedestrian facilities, but instead would expand and provide additional facilities. Overall, impacts related to transit, bicycle, and pedestrian facilities would be less than significant. The GPU FEIR determined that growth under the GPU and improvements to the circulation system with buildout of the GPU would result in no conflicts with related policies, plans, and programs. Therefore, proposed Project impacts would be consistent with those identified in the GPU FEIR, which were determined to be less than significant (Draft Supplemental EIR p. 5.13-13). Impact Finding: The Project would not conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b) (Draft Supplemental EIR p. 5.13-21). Facts in Support of Findings: As shown on Draft Supplemental EIR Figure 5.13-2, the City of Santa Ana Traffic Impact Study Guidelines Appendix A identifies that the Project site is located within a TPA. The Project area is served by six OCTA Routes, including Routes 55, 57, 76, 86, 150, and 553. Specifically, OCTA Route 57 serves as a high-quality bus stop with headways of 15 minutes or less during weekday peak commute hours. In addition, as shown on Draft Supplemental EIR Figure 5.13-3, SCAG identifies that the Project site is within a High-Quality Transit Area. Consistent with general guidance from OPR, and CEQA Guidelines Section 15064.3(b)(1), a project that is located within a TPA or a High Quality Transit Area is presumed to have a less than significant impact related to VMT. Additionally, the proposed Project is consistent with the land uses in the RTP/SCS, which assumed the site would be constructed as an urban, mixed-use development that would reduce area VMT, consistent with the TPA designation. The Project site is within an identified Priority Growth Area pursuant to the 2020-2045 RTP/SCS based on its location within a SCAG High Quality Transit Area. The Project proposes land uses consistent with those permitted by the GPU, which is consistent with the land uses assumed for the Project site as part of the RTP/SCS. In addition, as shown in Draft Supplemental EIR Table 5.8-1, the proposed Project would be consistent with the policies set forth in the RTP/SCS. Therefore, as the proposed Project is located within both a TPA and a High-Quality Transit Area and would be developed consistent with the SCAG RTP/SCS, the proposed Project would meet this screening threshold; and impacts would be less than significant. Overall, pursuant to the City’s VMT screening criteria and guidance from OPR and CEQA Guidelines Section 15064.3(b)(1), based on the site’s location within a High-Quality Transit Area and a TPA City Council 26 – 84 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 39 CEQA Findings of Fact September 2024 with proximity to a high-quality bus stop on Route 57, as well as the site’s urban, mixed-uses consistent with the RTP/SCS, the proposed Project would result in less than significant impacts related to VMT. Therefore, proposed Project impacts would be consistent with those identified in the GPU FEIR, which determined that the infill and redevelopment pursuant to the GPU land use plan would result in less than significant impacts related to VMT (Draft Supplemental EIR pp. 5.13-21 through 5.13-22). Impact Finding: The Project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) (Draft Supplemental EIR at p. 5.13-22). Facts in Support of Findings: Construction During construction, construction barriers and fencing would separate the operational and construction areas of the site; and construction vehicles would have separate driveway entrances and circulation patterns that would be specified by the City’s Building Safety Division in construction permitting pursuant to California fire, access, and safety code requirements to avoid incompatible uses. Also, construction worker vehicles, haul trucks, and vendor trucks, would be staged on the portion of the Project site under construction for the duration of the construction period. As part of the grading plan and building plan review processes, City permits would require appropriate permitting requirements to facilitate the passage of persons and vehicles through/around any required road closures and measures to properly route heavy-duty construction vehicles entering and leaving the site (as applicable). As a result, impacts related to vehicular circulation design features and incompatible uses during construction of the proposed Project would be less than significant. Therefore, proposed Project impacts would be consistent with those identified in the GPU FEIR, which were determined to be less than significant (Draft Supplemental EIR at p. 5.13-22). Operation The roadway improvements, restriping, and related street, and bikeway improvements of Bristol Street, MacArthur Boulevard, and Sunflower Avenue that are part of the Project would be conducted in conformance with City design standards. Compliance with existing regulations would be ensured through the City’s traffic engineering review and construction permitting process. Further, the proposed Project’s commercial and residential mixed uses with roadways, sidewalks, and bicycle routes would be similar to surrounding uses and would not result in incompatible vehicular uses that could increase hazards. A driveway is designated for truck deliveries, which would reduce the potential for incompatible vehicle uses between trucks and resident or visitor passenger vehicles onsite during operation. As a result, impacts related to hazardous vehicular circulation design features and incompatible uses during operation of the proposed Project would be less than significant. Therefore, Project impacts would be consistent with those identified in the GPU FEIR, which were determined to be less than significant (Draft Supplemental EIR at pp. 5.13-22 through 5.13-23). City Council 26 – 85 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 40 CEQA Findings of Fact September 2024 Impact Finding: The Project would not result in inadequate emergency access (Draft Supplemental EIR at p. 5.13-23). Facts in Support of Findings: Construction During construction activities, the proposed Project could result in incompatible uses in relation to conflict between passenger vehicles from site operations and construction vehicles, such as haul trucks and vendor trucks. However, construction barriers and fencing would separate the operational and construction areas of the site; and construction vehicles would have separate driveway entrances and circulation patterns that would be specified by the City’s Building Safety Division in construction permitting pursuant to California fire, access, and safety code requirements. The roadway improvements and installation of driveways that would be implemented during construction of the proposed Project could require the temporary closure of travel lanes, but full roadway closure and traffic detours are not expected to be necessary. Also the construction activities would be required to implement measures to facilitate the passage of persons and vehicles through/around any required temporary road restrictions and ensure the safety of passage in accordance with Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9) and the City of Santa Ana Fire Code, included as Municipal Code Chapter 14, which would be ensured through the City’s construction permitting process. Thus, implementation of the proposed Project through the City’s permitting process would ensure existing regulations are adhered to and would reduce potential construction related emergency access impacts to a less than significant level. Therefore, Project impacts related to emergency access during construction would be consistent with those identified in the GPU FEIR, which were determined to be less than significant (Draft Supplemental EIR at pp. 5.13-23 through 5.13-24). Operation As described previously, the Project driveways would provide adequate and safe circulation to and from the Project site and would provide several routes for emergency responders to access different portions of the Project site and surrounding areas. The City’s development and permitting review process would ensure that all access and circulation to and through the site would meet California Fire Code Requirements included as Municipal Code Chapter 14. Because the proposed Project is required to comply with all applicable City codes, as verified by the City and OCFA, potential impacts related to inadequate emergency access would be less than significant. Therefore, Project impacts related to emergency access would be consistent with those identified in the GPU FEIR, which were determined to be less than significant pursuant to compliance with existing regulations (Draft Supplemental EIR at p. 5.13-24). L. Utilities and Service Systems Impact Finding: The Project would not require or result in the relocation or construction of new water facilities, or expansion of existing facilities, the construction of which could cause significant environmental effects (Draft Supplemental EIR at p. 5.15-10). City Council 26 – 86 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 41 CEQA Findings of Fact September 2024 Facts in Support of Findings: The proposed Project would install a new onsite water infrastructure system that would connect to water mains adjacent to the site. The proposed Project also includes offsite infrastructure improvements that would replace a portion of the 12-inch water main in South Plaza Drive from MacArthur Boulevard to Sunflower Ave with a 12-inch water main. The new onsite and new offsite water infrastructure would convey water supplies to the proposed residences, commercial uses, and landscaping through plumbing/landscaping fixtures that would be compliant with the Title 24/CALGreen Plumbing Code for efficient use of water, which would be ensured through the City’s development permitting process. The proposed Project would continue to receive water supplies through the existing and improved water mains that are adjacent and near the site. This is consistent with the GPU FEIR findings that the City’s water distribution system is hydraulically sound, but that due to the age and capacity of the existing water infrastructure, water main replacements would be required. Overall, the installation of new water infrastructure and improvements to offsite aged infrastructure is included as part of the proposed Project and would not result in any physical environmental effects beyond those identified throughout the Draft Supplemental EIR. For example, analysis of construction emissions for excavation and installation of the water infrastructure is included in Sections 5.1, Air Quality, and 5.5, Greenhouse Gas Emissions, and noise related to construction activities is included in Section 5.9, Noise of the Draft Supplemental EIR. Therefore, impacts related to water infrastructure would be less than significant. This is consistent with the GPU FEIR, which determined that through its planning and CIP mechanisms, the City would provide improvements to aged infrastructure to have adequate capacity for the proposed increases in water flows from buildout of the GPU, including those from buildout of the South Bristol Street Focus Area, and that impacts would be less than significant (Draft Supplemental EIR at pp. 5.15-10 through 5.15-11). Impact Finding: The City would have sufficient water supplies available to serve the project and reasonably foreseeable development during normal, dry, and multiple dry years (Draft Supplemental EIR at p. 5.15-11). Facts in Support of Findings: As shown in Draft Supplemental EIR Table 5.15-6, the proposed Project would result in a total demand of 929 AFY at full occupancy, which would be a 899 AFY increase in comparison to the water demand from the existing uses. This volume of water supply was accounted for in the City’s 2015 UWMP (as determined by the GPU FEIR). Additionally, as detailed previously in Table 5.15-5, the City has an additional supply of 5,500 to 6,500 AFY beyond that anticipated to be needed by the 2020 UWMP projections. Therefore, the City would have sufficient water supplies available. Because the proposed Project would result in an increase in demand for water supplies that has been accounted for within previous City water supply planning, and separately verified through a Project specific WSA, the City would have adequate water supplies available to serve the proposed Project, and impacts would be less than significant. Therefore, impacts related to water supplies from the proposed Project are consistent with the findings of the GPU FEIR, which determined that water demand increases as a result of the GPU are within the planned supplies from the City, OCWD, and MWD during normal-dry and multiple- City Council 26 – 87 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 42 CEQA Findings of Fact September 2024 dry year scenarios, and that impacts would be less than significant (Draft Supplemental EIR at p. 5.15-11). Impact Finding: The Project would not require or result in the relocation or construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects (Draft Supplemental EIR at p. 5.15-15). Facts in Support of Findings: The proposed Project would install a new onsite sewer system that would connect directly to the 78-inch OCSD sewer main in Sunflower Avenue. Based on results of the Sewer Analysis Report (included as Appendix Q to the Draft Supplemental EIR), the proposed Project would install a new onsite sewer system that would connect to the existing 78-inch OCSD sewer main within the Sunflower Avenue right-of-way. The Sewer Analysis Report determined that the Sunflower Avenue OCSD sewer main has a maximum capacity of 96.8 cfs and has adequate capacity to accommodate the additional wastewater flows from the proposed Project. The construction activities related to the new onsite sewer system and connection to the existing 78- inch OCSD sewer main is included as part of the proposed Project and would not result in any physical environmental effects beyond those identified throughout the Draft Supplemental EIR. As the proposed Project includes facilities to serve the Project, it would not result in the need for construction of other new wastewater facilities or expansions, the construction of which could cause significant environmental effects. Therefore, impacts would be less than significant. This determination is consistent with that of the GPU FEIR, which determined that increases in wastewater from buildout of the South Bristol Street Focus Area increases would be accommodated by the OCSD trunk sewer mains that are proximate to the area, and that impacts related to sewer infrastructure would be less than significant (Draft Supplemental EIR at p. 5.15-15). Impact Finding: The Project would not result in a determination by the wastewater treatment provider that would serve the Project that it has adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments (Draft Supplemental EIR at p. 5.15-15). Facts in Support of Findings: The Orange County Sanitation District (OCSD) Reclamation Plant No. 1 has an additional capacity of 52 mgd, which would accommodate the increase in wastewater flow from full occupancy of the proposed Project that would generate 762,241 gpd (0.76 mgd). As a result, implementation of the proposed Project would not result in inadequate capacity of the wastewater treatment plant to serve the Project’s demand in addition to existing service commitments, and impacts would be less than significant. This is consistent with the GPU FEIR, which determined that wastewater generated through development in accordance with the GPU would have a less-than-significant impact on the existing wastewater collection and treatment facilities and systems (Draft Supplemental EIR at pp. 5.15-15 through 5.15-16). Impact Finding: The Project would not require or result in the relocation or construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects (Draft Supplemental EIR at p. 5.15-20). Facts in Support of Findings: The Preliminary Water Quality Management Plan (WQMP) (included as Appendix M to the Draft Supplemental EIR) for the proposed Project describes that the Project site currently includes 37.02 acres of impermeable surfaces, which equates to 90 percent of the City Council 26 – 88 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 43 CEQA Findings of Fact September 2024 site. After completion of Project construction, the site would have a 4 percent reduction in impermeable surfaces to 35.37 acres or 86 percent of the site. The runoff within the Project site would be collected by roof drains, surface flow designed pavement, curbs, and area drains and conveyed to vegetated biotreatment system for treatment. Although the proposed Project would result in a reduction of stormwater runoff, the Project includes offsite storm drain improvements pursuant to the City’s Storm Drain Master Plan that involve replacing 2,230 lineal feet of the 54/60- inch storm drain with a 72-inch lateral in Sunflower Avenue and replacing a 42-inch lateral in Plaza drive with a 60-inch lateral. This is being done to implement City’s needed drainage Master Plan improvements within the rights-of-way that would be reconstructed as part of the proposed Project. The effects of the improvements are part of construction of the Project as a whole and are included in the evaluation throughout the Draft Supplemental EIR. Therefore, impacts related to drainage facilities would be less than significant. This finding is consistent with the GPU FEIR discussion related to development projects increasing onsite permeability and providing onsite detention systems that would be evaluated in detailed hydrology studies to ensure that existing peak flows would not be exceeded, thereby eliminating any potential increase in runoff and that impacts to the storm drain system would be less than significant (Draft Supplemental EIR at p. 5.15-20). Impact Finding: The Project would not generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals (Draft Supplemental EIR at p. 5.15-23). Facts in Support of Findings: Construction The Project is estimated to generate approximately 1,009 tons of waste during demolition and additional waste during construction, which would occur over a 10-year period. However, Section 5.408.1 of the 2016 California Green Building Standards Code requires demolition and construction activities to recycle or reuse a minimum of 65 percent of the nonhazardous construction and demolition waste. Thus, the demolition and construction solid waste that would be disposed of at the landfill would be approximately 35 percent of the waste generated. Therefore, demolition activities, which would generate the most solid waste would generate approximately 353 tons of solid waste. In March 2023, the maximum tonnage received was 8,909.41 tons. Thus, the facility has additional capacity of 8,556.41 tons per day (CalRecycle 2023) and would be able to accommodate the construction solid waste from the proposed Project. Therefore, impacts related to landfill facilities from construction activities would be less than significant (Draft Supplemental EIR at p. 5.15-23). Operation Operation of the Project at buildout would generate approximately 25,913 tons of solid waste per year, at least 75 percent of which is required by California law to be recycled, which would reduce the volume of landfilled solid waste to approximately 7,734.8 tons per year, or 148.34 tons per week, as shown on Draft Supplemental EIR Table 5.15-9. City Council 26 – 89 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 44 CEQA Findings of Fact September 2024 As the Frank Bowerman Sanitary Landfill is permitted to accept 11,500 tons per day of solid waste, and in March 2023, the maximum tonnage received was 8,909 tons, the facility had additional capacity of 2,591 tons (Calrecycle 2023). Therefore, the Frank Bowerman Sanitary Landfill would be able to accommodate the addition of 148.34 tons of waste per week. Thus, the proposed Project would be served by a landfill with sufficient permitted capacity to accommodate the Project’s solid waste disposal needs and the Project would not impair the attainment of solid waste reduction goals. Impacts related to landfill capacity would be less than significant (Draft Supplemental EIR at pp. 5.15-23 through 5.15-24). City Council 26 – 90 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 45 CEQA Findings of Fact September 2024 This page was intentionally left blank. City Council 26 – 91 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 46 CEQA Findings of Fact September 2024 SECTION IV IMPACTS MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The City hereby finds that mitigation measures have been identified in the Supplemental EIR that would avoid or substantially lessen the following potentially significant environmental impacts to a less than significant level. The potentially significant impacts and the mitigation measures that would reduce them to a less than significant level are detailed in the Supplemental EIR and summarized below. A. Air Quality Impact Finding: The Project would not expose sensitive receptors to substantial pollutant concentrations (Draft Supplemental EIR at p. 5.1-32). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR Facts in Support of Findings: The nearest offsite sensitive receptor to the Phase 1 construction area is a multi-family residential building located approximately 130 feet (40 meters) to the west. The nearest offsite sensitive receptor to the Phase 2 construction area is a multi-family residential building located 410 feet (125 meters) to the north. The nearest offsite sensitive receptor to the Phase 3 construction area is a multi-family residential building located 130 feet (40 meters) to the west. Construction Phase 1 Table 5.1-23 of the Draft Supplemental EIR identifies daily localized onsite emissions that are estimated to occur during construction of Phase 1 of the proposed Project. As shown, emissions during the peak site preparation and grading construction activity of Phase 1 would exceed the SCAQMD’s localized significance thresholds for NOx and PM2.5. However, as described previously GPU FEIR Mitigation Measure AQ-1 for CARB Tier 4 Final off-road construction equipment standards would reduce NOx emissions and Project Mitigation Measure AQ-1, Construction Exhaust and Dust Control, would reduce PM2.5 emissions to below the SCAQMD thresholds for localized significance, as shown in Draft Supplemental EIR Table 5.1-24. Therefore, LST impacts from construction of Phase 1 would be less than significant with incorporation of mitigation (Draft Supplemental EIR at pp. 5.1-32 through 5.1-33). Construction Phase 2 Table 5.1-25 of the Draft Supplemental EIR identifies daily localized onsite emissions that are estimated to occur during construction of Phase 2 of the proposed Project. As shown, emissions during the peak site preparation and grading construction activity of Phase 2 would exceed the SCAQMD’s localized significance thresholds for NOx and PM2.5. However, as described previously GPU FEIR Mitigation Measure AQ-1 for CARB Tier 4 Final off-road construction equipment standards would reduce NOx emissions and Project Mitigation Measure AQ-1, Construction Exhaust and Dust Control, would reduce PM2.5 emissions to below the SCAQMD thresholds for localized City Council 26 – 92 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 47 CEQA Findings of Fact September 2024 significance, as shown in Draft Supplemental EIR Table 5.1-26. Therefore, LST impacts from construction of Phase 2 would be less than significant with incorporation of mitigation (Draft Supplemental EIR at pp. 5.1-33 through 5.1-34). Construction Phase 3 Table 5.1-27 of the Draft Supplemental EIR identifies daily localized onsite emissions that are estimated to occur during construction of Phase 3 of the proposed Project. As shown, emissions during the peak construction activity of site preparation during Phase 3 would exceed the SCAQMD localized significance threshold for PM2.5. However, as described previously Project Mitigation Measure AQ-1, Construction Exhaust and Dust Control, would be implemented, and would reduce PM2.5 emissions to below the SCAQMD thresholds for localized significance, as shown in Draft Supplemental EIR Table 5.1-28. Therefore, LST impacts from construction of Phase 3 would be less than significant with incorporation of mitigation (Draft Supplemental EIR at pp. 5.1-34 through 5.1- 35). Operation at Project Buildout Applying a 5-acre LST threshold as done by the Draft Supplemental EIR is a very conservative approach. As shown in Table 5.1-32 of the Draft Supplemental EIR, unmitigated emissions generated on site by the proposed Project would exceed the LST threshold for PM2.5. Therefore, operational mitigation would be required. As shown on Table 5.1-33 of the Draft Supplemental EIR, with implementation of operational mitigation measures that prohibit fireplaces, require use of electrical landscape equipment, and use of low VOC paints, PM2.5 emissions would be reduced to a less than significant level. Therefore, LST impacts of Project buildout would be less than significant with incorporation of mitigation (Draft Supplemental EIR at p. 5.1-37). Diesel Health Risk Assessment. A Health Risk Assessment (HRA) (included as Appendix C to the Draft Supplemental EIR) was prepared to evaluate the health risk impacts as a result of exposure to Diesel Particulate Matter (DPM) during construction of the proposed Project. Onsite truck idling was estimated to occur as trucks enter and travel through the site. SCAQMD recommends using a 10 in one million as the cancer risk threshold. The receptor with the greatest potential exposure to construction DPM source emissions are the closest residences, which are as close as 130 feet from construction activities. Draft Supplemental EIR Table 5.1-34 shows that DPM levels would be reduced below SCAQMD thresholds for residential and worker receptors with implementation of GPU FEIR Mitigation Measure AQ-1 and Project Mitigation Measure AQ-1 for CARB Tier 4 Final off-road construction equipment standards. Thus, construction DPM carcinogenic risks would be reduced to a less than significant level with incorporation of mitigation. The significance thresholds for DPM exposure also require an evaluation of non‐cancer risk known as hazard index. A chronic hazard index of 1.0 is considered individually significant. As shown on Draft Supplemental EIR Table 5.1-35, the maximum chronic hazard index at offsite receptors during construction would be 0.003 with implementation of GPU FEIR Mitigation Measure AQ-1 and Project Mitigation Measure AQ-1 for CARB Tier 4 Final off-road construction equipment standards, which is less than the 1.0 threshold. Therefore, impacts related to non‐carcinogenic hazards would be less City Council 26 – 93 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 48 CEQA Findings of Fact September 2024 than significant with incorporation of mitigation (Draft Supplemental EIR at pp. 5.1-38 through 5.1- 39). Mitigation Measures: GPU FEIR MM AQ-1: Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction-related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction-related emissions could include, but are not limited to: • Require fugitive-dust control measures that exceed South Coast AQMD’s Rule 403, such as: o Use of nontoxic soil stabilizers to reduce wind erosion. o Apply water every four hours to active soil-disturbing activities. o Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower. • Ensure that construction equipment is properly serviced and maintained to the manufacturer’s standards. • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit onsite vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. Use Super-Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super- Compliant architectural coating manufactures can be found on the South Coast AQMD’s website. Project Specific MM AQ-1: Construction Exhaust and Dust Control. Prior to issuance of Phase 1, Phase 2, and Phase 3 grading permits, the Project Applicant shall prepare and submit documentation to the City of Santa Ana Building and Safety Division that demonstrates the following: • Require fugitive-dust control measures that exceed SCAQMD Rule 403 requirements: City Council 26 – 94 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 49 CEQA Findings of Fact September 2024 o Apply water at least three times daily to active soil-disturbing activities. o Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. o Limit onsite vehicle travel speeds on unpaved roads to 15 miles per hour. o Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • All off-road diesel-powered construction equipment greater than 50 horsepower meets California Air Resources Board Tier 4 Final off-road emissions standards. Requirements for Tier 4 Final equipment shall be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each equipment’s Best Available Control Technology (BACT) documentation (certified tier specification or model year specification), and CARB or SCAQMD operating permit (if applicable) shall be provided to the City at the time of mobilization of each applicable unit of equipment. • Construction equipment shall be properly maintained according to manufacturer specifications. All equipment maintenance records and data sheets, including design specifications and emission control tier classifications shall be kept onsite and furnished to the lead agency or other regulators upon request. • All construction equipment and delivery vehicles shall be turned off when not in use, or limit onsite idling for no more than 5 minutes in any 1 hour. • Onsite electrical hook ups to a power grid shall be provided for electric construction tools including saws, drills, and compressors, where feasible, to reduce the need for diesel powered electric generators. Construction contracts shall require all off-road equipment with a power rating below 19 kilowatts (25 horsepower) (e.g., plate compactors, pressure washers, etc.) used during project construction be battery powered. • Prepare a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non-truck traffic. • Provide information on transit and ridesharing programs and services to construction employees. B. Cultural Resources Impact Finding: The Project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5 (Draft Supplemental EIR at p. 5.2-15). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. City Council 26 – 95 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 50 CEQA Findings of Fact September 2024 Facts in Support of Findings: The site has been previously disturbed from both agricultural uses and development, including ground disturbance to depths for installation of the existing utility infrastructure that serves the site. As required by GPU FEIR Mitigation Measure CUL-4, an Archaeological Resources Assessment Report was prepared for the proposed Project to analyze the potential archaeological sensitivity of the Project site and the potential for Project ground disturbance to result in impacts to archaeological resources. As the Project site is sensitive for previously unknown archaeological resources, the Archaeological Resources Assessment Report (Appendix E to the Draft Supplemental EIR) determined that GPU FEIR Mitigation Measure CUL-6 would be required to be implemented to require an archaeologist to be retained for monitoring throughout proposed Project ground disturbing activities. In addition, the proposed Project would be required to implement Project-specific Mitigation Measure CR-1, which sets forth requirements should archaeological resources be uncovered during proposed Project activities, and Project-specific Mitigation Measure CR-2, which preparation of a monitoring report after the completion of monitoring activities. With implementation of GPU FEIR Mitigation Measure CUL-6 and Project-specific Mitigation Measures CR-1 and CR-2, impacts would be less than significant. Therefore, impacts related to Project buildout of the site would be consistent with the impact conclusions set forth in the GPU FEIR, which determined that impacts to archaeological resources would be less than significant after implementation of mitigation (Draft Supplemental EIR at p. 5.2-15). Mitigation Measures: GPU FEIR MM CUL-4: For projects with ground disturbance—e.g., grading, excavation, trenching, boring, or demolition that extend below the current grade—prior to issuance of any permits required to conduct ground-disturbing activities, the City shall require an Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior’s Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. GPU FEIR MM CUL-6: If the archaeological assessment did not identify archaeological resources but found the area to be highly sensitive for archaeological resources, a qualified archaeologist and a Native American monitor approved by a California Native American Tribe identified by the Native American Heritage Commission as culturally affiliated with the project area shall monitor all ground-disturbing construction and pre-construction activities in areas with previously undisturbed soil of high sensitivity. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial onsite safety meeting and shall explain the importance City Council 26 – 96 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 51 CEQA Findings of Fact September 2024 and legal basis for the protection of significant archaeological resources. The Native American monitor shall be invited to participate in this training. In the event that archaeological resources (artifacts or features) are exposed during ground- disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary’s Standards. This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. Project Specific MM CR-1: If a resource is determined significant, the Project Applicant, qualified archaeologist, and tribal monitors (as included in MM TCR-1) Native American tribal representative shall meet and confer regarding the treatment measures and mitigation for such resources. Pursuant to PRC Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources and may include deeding archaeological resources into permanent conservation easements or planning parks, greenspace, or other open space to incorporate archaeological resources. If preservation in place or avoidance is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis of the artifacts that are recovered. The methods and results of the data recovery excavations shall be included in the monitoring report that is described in MM CR-2. The report shall include a description of resources recovered, treatment of the resources, results of the artifact processing, analysis, and research, and evaluation of the resources with respect to the California Register of Historical Resources and CEQA. Construction activities in the immediate vicinity of the discovery can resume once the fieldwork component of the treatment measures has been implemented. These treatment measures and mitigation shall reduce any significant impacts by ensuring that either the resource is preserved in place or is removed prior to its destruction by construction activities. Project Specific MM CR-2: After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City and to the SCCIC at the University California, Fullerton. C. Geology and Soils Impact Finding: The Project would not be located on a geologic unit or soils that is unstable, or that would become unstable as a result of the project, and potentially result in on- or offsite landslide, lateral spreading, subsidence, liquefaction or collapse (Draft Supplemental EIR at p. 5.4-11). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: The elevation of the site is approximately 34 feet above msl and the site is not located on or adjacent to a hillside or slope. Based on the relatively flat topography of the site, lack of a free face nearby and low liquefaction potential, the Geotechnical Report determined that the potential for lateral spreading on the site is low (Included as Appendix G to City Council 26 – 97 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 52 CEQA Findings of Fact September 2024 the Draft Supplemental EIR). Thus, impacts related to lateral spreading would be less than significant. Also, impacts related to landslides would not occur. However, as detailed in the Geotechnical Report (Included as Appendix G to the Draft Supplemental EIR), groundwater has been encountered at the site at between 5 and 16 feet bgs and excavations during Project construction are likely to encounter groundwater. The Geotechnical Report identified that excavations within potentially collapsible wet soils may need to be stabilized; and stabilization may consist of placement of a granular working mat consisting of geogrid and coarse gravel or sub-excavation and replacement with dried soil. Mitigation Measure GEO-1 has been included to require that the proposed Project comply with a final design-level geotechnical report that must be completed in compliance with the current CBC requirements and prepared to the satisfaction of the City’s Building and Safety Division. Also, Mitigation Measure GEO-2 is included to ensure that geotechnical recommendations regarding groundwater induced unstable soils are implemented pursuant to existing CBC construction measures. Also, the CBC, as currently adopted in the City’s Municipal Code Chapter 8, Article 2, Division 1, requires that a California Certified Engineering Geologist or California-licensed civil engineer provide site-specific engineering data for the proposed structures, which are reviewed by the City for appropriate inclusion as part of the building plan check and development review process. Compliance with the requirements of the CBC and City’s Municipal Code for structural safety is included as PPP GEO-1 and would reduce potential impacts to a less than significant level. Therefore, due to the need for mitigation to ensure implementation of existing CBC measures, impacts related to Project buildout of the site would be slightly greater than the impact conclusions set forth in the GPU FEIR, which determined that impacts related to unstable soils would be less than significant with implementation of existing regulations (Draft Supplemental EIR at pp. 5.4-11 through 5.4-12). Plans, Program and Policies: PPP GEO-1: CBC Compliance. The proposed Project is required to comply with the California Building Standards Code (CBC) as included in the City’s Municipal Code as Chapter 8, Article 2, Division 1, to preclude significant adverse effects associated with seismic and soils hazards. As part of CBC compliance, CBC related and geologist and/or civil engineer specifications for the proposed Project shall be incorporated into grading plans and building specifications as a condition of construction permit approval. Mitigation Measures: MM GEO-1 Incorporation of and Compliance with a Design Level Geotechnical Report. A final design level geotechnical report that complies with all applicable state and local code requirements shall be prepared for each Project structure by a California licensed qualified geotechnical engineer consistent with the California Building Code and City of Santa Ana requirements applicable at the time of grading/construction and shall include recommendations related to site grading and earthwork, fill materials, compaction, foundations, and other structural elements. The report recommendations shall be included in construction specifications and permits; and confirmed through onsite inspections. City Council 26 – 98 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 53 CEQA Findings of Fact September 2024 MM GEO-2 Implementation of Geotechnical Recommendations for Groundwater and Expansive Soils. Project plans, grading specifications, and construction permitting shall incorporate site specific earthwork and ground improvement requirements related to groundwater saturated soils and expansive soils consistent with the California Building Code and City of Santa Ana requirements applicable at the time of grading/construction as stated in a design level geotechnical report and approved by the City’s Building and Safety Division. This shall include recommendations related to discovery of groundwater, wet soils, or unstable soils during grading, stabilization, dewatering, fill materials, and foundations. Impact Finding: The Project would be located on expansive soils, as defined in table 1B-1B of the Uniform Building Code (1994) but would not create substantial risks to life or property (Draft Supplemental EIR at p. 5-4-12). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: The Project site contains lean and fat clays, and silty sand and poorly- graded sands with interbeds of clays, which have been tested and determined to have a medium to high potential for expansion due to the clay content (included as Appendix G to the Draft Supplemental EIR). The clayey soils are present onsite from the ground surface to approximately 25 to 30 feet bgs. Prior to approval of construction, an engineering level design geotechnical report is required to be prepared and submitted to the City that details the project designs that have been included to address potential geotechnical and soil conditions pursuant to the CBC requirements that are included in the City’s Municipal Code Chapter 8, Article 2, Division 1, and implemented by Mitigation Measures GEO-1 and GEO-2. Therefore, due to the need for mitigation to ensure implementation of existing CBC measures, impacts related to Project buildout of the site would be slightly greater than the impact conclusions set forth in the GPU FEIR, which determined that impacts related to expansive soil would be less than significant with implementation of existing regulations (Draft Supplemental EIR at p. 5-4-12). Mitigation Measures: MM GEO-1 Incorporation of and Compliance with a Design Level Geotechnical Report. As listed previously. MM GEO-2 Implementation of Geotechnical Recommendations for Groundwater and Expansive Soils. As listed previously. Impact Finding: The Project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature (Draft Supplemental EIR at p. 5.4-13). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: As described in Appendix H to the Draft Supplemental EIR, the Project site is underlain by Holocene-aged axial channel deposits, and due to the young age of the onsite soils, it is unlikely that excavation at the surface would impact fossil resources. However, Pleistocene age alluvium may exist below the younger axial channel deposits which could yield fossils. Thus, City Council 26 – 99 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 54 CEQA Findings of Fact September 2024 excavation and grading during construction of the proposed Project has the potential to impact paleontological resources. As such, impacts to paleontological resources within the Project site are potentially significant. Therefore, GPU FEIR Mitigation Measures GEO-2 and GEO-3 would be required to confirm onsite sediments and provide measures in the case that a fossil is discovered onsite. In addition, Mitigation Measures PALEO-1 through PALEO-3 have been included to retain a qualified paleontologist prior to the start of excavation, provide paleontological resources sensitivity training, and monitor the site for excavations below 20 feet bgs. Mitigation Measure PALEO-4 has been included to identify and catalog any significant fossils and Mitigation Measure PALEO-5 has been included to prepare a Paleontological Resources Monitoring Report that summarizes the findings. Thus, with implementation of GPU FEIR and Project-specific mitigation measures, impacts related to paleontological resources would be less than significant. Therefore, impacts related to Project buildout of the site would be consistent with the impact conclusions set forth in the GPU FEIR, which determined that impacts related to paleontological resources would be less than significant with the implementation of mitigation (Draft Supplemental EIR at p. 5.4-12). Mitigation Measures: GPU FIER MM GEO-2: Low-to-High Sensitivity. Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with “low- to-high” paleontological sensitivity (see Figure 5.6-3), the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. GPU FEIR MM GEO-3: All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a Qualified Paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County (NHMLA). The repository shall be identified, and a curatorial arrangement shall be signed, prior to collection of the fossils. MM PALEO-1: Retention of a Qualified Paleontologist. Project plans, grading specifications, and construction permitting shall ensure that prior to the start of excavation, the client shall retain a Qualified Paleontologist who meets the professional criteria established by the Society of Vertebrate Paleontology (SVP 2010) to oversee the implementation of all paleontological resources mitigation requirements for the proposed Project. MM PALEO-2: Paleontological Resources Sensitivity Training. Project plans, grading specifications, and construction permitting shall ensure that prior to the start of excavations, the Qualified Paleontologist, or their designee, shall conduct paleontological resources awareness training for onsite personnel. The training session shall focus on how to identify paleontological resources that may be encountered during excavations and the procedures to be followed in the event of their discovery. City Council 26 – 100 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 55 CEQA Findings of Fact September 2024 The City shall ensure onsite personnel are made available for and attend the training and retain documentation demonstrating attendance. MM PALEO-3: Paleontological Monitoring. Project plans, grading specifications, and construction permitting shall detail that paleontological resources monitoring shall be required for excavations below 20 feet below ground surface (bgs). Paleontological monitoring shall be conducted by a monitor who meets the professional criteria established by the Society of Vertebrate Paleontology working under the direct supervision of the Qualified Paleontologist. Monitoring can be reduced, or ceased entirely, if determined adequate by the Qualified Paleontologist. Recommendations for reduction or cessation of monitoring will be based on a more accurate understanding of the lithologic character and age of the sediments exposed during excavation. If deeper excavations continue to encounter younger, Holocene alluvium, monitoring shall be reduced from full-time to part-time monitoring or weekly inspections. If the Qualified Paleontologist determines, based on the lithologic character of the sediments, that there is very little likelihood of impacting Pleistocene marine sediments, paleontological monitoring shall cease entirely. The paleontological monitor shall collect any identifiable fossils encountered during the excavations. If onsite personnel discover potential fossils during excavations when a paleontological monitor is not present, they shall cease excavation within 50 feet of the discovery and contact the Qualified Paleontologist. Construction activities may resume after the discovery is assessed by the Qualified Paleontologist and appropriate treatment measures have been implemented. MM PALEO-4: Paleontological Resources Treatment and Disposition. Project plans, grading specifications, and construction permitting shall require that significant fossils be prepared to the point of identification and cataloged. Significant fossils shall be curated at a public, non-profit institution with a research interest in the material and with retrievable storage, such as the Natural History Museum of Los Angeles County, if such an institution agrees to accept the fossils. If no institution accepts the fossil collection, then the fossils may be donated to a local museum, historical society, school, or other institution for educational purposes. Accompanying notes, reports, maps, and photographs shall also be filed with the final repository. MM PALEO-5: Paleontological Resources Monitoring Report. Project plans, grading specifications, and construction permitting shall ensure that upon completion of the excavation phase of the Project, the Qualified Paleontologist shall prepare a report summarizing the results of the monitoring efforts. The report shall be submitted to the City to signify the satisfactory completion of required paleontological mitigation measures. If significant fossils are discovered, the report shall also be submitted to the appropriate repositories. D. Greenhouse Gas Emissions Impact Finding: The Project would not generate GHG emission, either directly or indirectly, that may have a significant impact on the environment (Draft Supplemental EIR at p. 5.5-13). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. City Council 26 – 101 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 56 CEQA Findings of Fact September 2024 Facts in Support of Findings: Construction The construction-related activities involve the following: demolition, site preparation, excavation, grading, paving, construction of structures and infrastructure, and architectural coatings. These construction activities would result in the emission of GHGs from equipment exhaust, construction- related vehicular activity and construction worker automobile trips. As shown on Draft Supplemental EIR Table 5.5-3, construction of Phase 1 of the proposed Project would result in the generation of approximately 36,506 MTCO2e. Construction of Phase 2 would generate approximately 10,091 MTCO2e; and construction of Phase 3 would generate approximately 34,142 MTCO2e. The amortized Project Phase 1 construction emissions would be 1,217 MTCO2e per year while the amortized Project Phase 2 and Phase 3 construction emissions would be 336 MTCO2e and 1,138 MTCO2e per year, respectively. Total construction emissions and total amortized emissions for Project Buildout would be 80,740 MTCO2e and 2,691 MTCO2e per year, respectively. However, as detailed in Section 5.1, Air Quality, and listed below, the proposed Project would implement GPU FEIR Mitigation Measure AQ-1, which requires the use of advanced engine tiers (i.e., equipment engines meeting CARB Tier 4 Final emissions standards), which would reduce total construction emissions to 67,425 MTCO2e (2,248 MTCO2e per year) (Draft Supplemental EIR at pp. 5.5-13 through 5.5-14). Operation As shown in Draft Supplemental EIR Table 5.5-4, the proposed Project’s total unmitigated increase in GHG emissions for Phase 1 would be approximately 20,597 MTCO2e, for Phase 2 would be 7,325 MTCO2e, for Phase 3 would be 14,147 MTCO2e, and 42,069 MTCO2e for Project buildout. The Greenhouse Gas Emissions Assessment (included as Appendix I to the Draft Supplemental EIR) describes that a majority of the GHG emissions (56 percent unmitigated and 52 percent mitigated) generated from the proposed Project at buildout are associated with non-construction related mobile sources. As detailed in Section 5.1, Air Quality, and listed below, proposed Project Mitigation Measure AQ-3: Vehicle Trip Reduction, Mitigation Measure AQ-4: Prohibition of Fireplaces, Mitigation Measure AQ-5: Electric Landscape Equipment, Mitigation Measure AQ-6: Low VOC Paint (Operations), Mitigation Measure AQ-7: Loading Dock Connections would reduce operational air quality emissions and would also reduce GHG emissions. Additionally, Project Mitigation Measure GHG-1, through Mitigation Measure GHG-5 is included to reduce GHG emissions from non-mobile sources such as the use of the energy efficient appliances, recycling solid waste, and photovoltaic solar panels, and the TDM program required by Mitigation Measure AQ-3 would reduce GHG emissions from commuting. No Greenhouse Gas emissions reductions were taken for the implementation of Project MM GHG-1. The GPU FEIR determined that implementation of the GPU and its policies would result in a net decrease in emissions of approximately 255,878 MTCO2e over existing conditions within the City. The proposed Project would implement the mitigation identified above to reduce GHG emissions; and the Project proposes a specific plan that would be consistent with the buildout assumptions and applicable development standards of the GPU. Impacts related to generation of GHG emissions would be less than significant with mitigation incorporated. As such, Project impacts would be consistent with the impact conclusions set forth in the GPU FEIR, which City Council 26 – 102 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 57 CEQA Findings of Fact September 2024 determined that impacts related to GHG emissions would be less than significant with mitigation incorporated (Draft Supplemental EIR at pp. 5.5-15 to 5.5-17). Mitigation Measures: Mitigation Measure GHG-1: Solar Panels. The Project shall be required to install solar photovoltaic (PV) panels or other source of renewable electricity generation on-site, based on the maximum roof area available for solar (i.e., solar-ready zone). The solar-ready zone shall comply with Section 110.10 of the 2022 California Energy Code and shall comply with access, pathway, ventilation, and spacing requirements, and exclude skylight area. The final PV generation facility size requires approval by Southern California Edison (SCE). SCE’s Rule 21 governs operating and metering requirements for any facility connected to SCE’s distribution system. Should SCE limit the offsite export, the proposed Project may utilize a battery energy storage system (BESS) to lower offsite export while maintaining onsite renewable generation to off-set consumption. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage. The schedule of photovoltaic system locations may be updated as needed. Mitigation Measure GHG-2: LEED, Charging Stations, and Bus Stops. Prior to the issuance of a Phase 1, Phase 2, or Phase 3 building permits, the Project Applicant or successor in interest shall provide documentation to the City of Santa Ana demonstrating the following: • The Project shall be designed to achieve Leadership in Energy and Environmental Design (LEED) certification. It shall also be designed consistent with CALGreen Tier 2 or will otherwise achieve a 20% reduction below 2022 Title 24 energy efficiency standards. The 2022 version of Title 24 (effective January 1, 2023, prior to the 2024 Supplement) is the baseline for improvement. • The Project shall provide facilities to support electric charging stations per the Tier 2 standards in Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the 2022 CALGreen Code. The 2022 version of Title 24 (effective January 1, 2023, prior to the 2024 Supplement) is the baseline for improvement. • The Applicant shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Mitigation Measure GHG-3: Landfill Waste. The development (Phase 1, Phase 2, and Phase 3) shall divert a minimum of 75 percent of landfill waste. Prior to issuance of certificate of occupancy, a recyclables collection and load area shall be constructed in compliance with the City standards for Recyclable Collection and Loading Areas. Mitigation Measure GHG-4: Electrical Landscape Equipment. Prior to the issuance of Phase 1, Phase 2, or Phase 3 occupancy permits, the City Planning and Building and Safety Divisions shall confirm that tenant lease agreements include contractual language that all landscaping equipment used on site shall be 100 percent electrically powered. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. City Council 26 – 103 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 58 CEQA Findings of Fact September 2024 Mitigation Measure GHG-5: Energy Efficient Appliances. All major applicant provided in-unit residential appliances (e.g., dishwashers, refrigerators, clothes washers and dryers, water heaters, and for space heating) provided/installed shall be electric (i.e., appliances that do not use natural gas, propane, or other fossil fuels) and Energy Star certified or of equivalent energy efficiency where applicable. Prior to the issuance of the certificate of occupancy, the City of Santa Ana shall verify implementation of this requirement. Installation of electric Energy Star–certified or equivalent appliances shall be verified by the Planning and Building Department during plan check. GPU FEIR Mitigation Measure AQ-1: As listed previously. Mitigation Measure AQ-3: Vehicle Trip Reduction. Develop a qualifying Commute Trip Reduction (CTR)/ Transportation Demand Management (TDM) plan to reduce mobile GHG emissions for all uses. The TDM plan shall be approved by the City of Santa Ana prior to the issuance of building permits. The TDM plan shall discourage single-occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking. The following measures shall be incorporated into the TDM plan. TDM Requirements for Non-Residential Uses: • The Project Applicant shall consult with the local transit service provider to maintain and identify opportunities to maximize transit. Evidence of compliance with this requirement may include correspondence from the local transit provider(s) regarding the potential need for installing bus shelters or bus stops at the site. • The portion of the TDM plan for non-residential uses shall include, but not be limited to the following potential measures: ride-matching assistance, preferential carpool parking, flexible work schedules for carpools, half-time transportation coordinators, providing a web site or message board for coordinating rides, designating adequate passenger loading and unloading and waiting areas for ride-sharing vehicles, and including bicycle end of trip facilities (such as bicycle parking and changing/shower facilities). This list may be updated as new methods become available. Verification of this measure shall occur prior to building permit issuance for the commercial uses. TDM Requirements for Residential Units: Rental Units. Upon a residential dwelling being rented or offered for rent, the Project Applicant shall notify and offer to the tenant or prospective tenant, materials describing public transit, ridesharing, and nonmotorized commuting opportunities in the vicinity of the development. The materials shall be approved by the City of Santa Ana. The materials shall be provided no later than the time the rental agreement is executed. This information shall be submitted to the City of Santa Ana Planning Division for review and approval, prior to the issuance of the first certificate of occupancy. Mitigation Measure AQ-4: Prohibition of Fireplaces. Project plans, specifications, and permitting shall state that wood-burning and natural gas devices are prohibited inside residential dwelling units. The purpose of this measure is to limit emissions of ROG, NOX, and particulate matter emissions from wood-burning and natural gas devices used for primary heat, supplemental heat, or ambiance. This prohibition shall be noted on the tenant deed and/or lease agreements to ensure City Council 26 – 104 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 59 CEQA Findings of Fact September 2024 that installation of wood-burning and natural gas devices do not occur during occupation of residences. Mitigation Measure AQ-5: Electric Landscape Equipment. Prior to the issuance of occupancy permits, the Planning Division shall confirm that the proposed Project’s Codes Covenants and Restrictions (CC&Rs) and/or tenant lease agreements include contractual language that all landscaping equipment used on site shall be 100 percent electrically powered. All residential and non-residential properties shall be equipped with exterior electrical outlets to accommodate this requirement. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. Mitigation Measure AQ-6: Low VOC Paint (Operations). The Project Applicant shall require by contract specifications for commercial development to use interior and exterior architectural coatings (paint and primer including parking lot paint) products that have a volatile organic compound rating of 10 grams per liter or less. Contract specifications shall be reviewed and approved by the City of Santa Ana prior to the issuance of occupancy permits. This measure shall be made a condition of approval for continued upkeep of the property. MM AQ-7: Loading Dock Connections. Prior to the approval of building permits, the City of Santa Ana shall confirm the construction documents demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. Impact Finding: The Project would not conflict with an applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs (Draft Supplemental EIR at p. 5.5-17). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: The proposed Project would provide a mixed-use community within a TPA and High-Quality Transit Area which has the potential to reduce GHG emissions from the reduction of VMT. The proposed Project provides for an onsite mix of uses that would limit the need to travel offsite for many amenities and retail/service needs. Providing a mixed-use development in such a location is consistent with the intent of the AB 32 Scoping Plan and SB 375, which is focused on changing land use patterns and improving transportation alternatives. The proposed Project would be implemented pursuant to the CALGreen Building/Title 24 requirements and would provide new land uses in a sustainable manner. The City’s administration of the Title 24 requirements includes review of proposed energy conservation measures during the permitting process, which ensures that all requirements are met. In complying with the Title 24 standards, the proposed Project would be implementing regulations that reduce GHG emissions (Draft Supplemental EIR at p. 5.5-17). CARB Scoping Plan City Council 26 – 105 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 60 CEQA Findings of Fact September 2024 The proposed Project would not interfere with the state’s implementation of AB 1279’s target of 85 percent below 1990 levels and carbon neutrality by 2045 because it does not interfere with implementation of the GHG reduction measures listed in CARB’s Updated Scoping Plan (2022), as demonstrated in Draft Supplemental EIR Table 5.5-5. CARB’s 2022 Scoping Plan reflects the 2045 target of an 85 percent reduction below 1990 levels, set by Executive Order B-55-18, and codified by AB 1279. The proposed Project would include a number of project design features and mitigation measures from the 2022 CARB Scoping Plan for construction and operation. The proposed Project would meet the three priority areas included in Appendix D to the CARB Scoping Plan; Transportation Electrification, VMT Reduction, and Building Decarbonization. As the proposed Project would implement key residential and mixed-use project attributes included in Appendix D as mitigation measures (Mitigation Measures GHG-1 through GHG-5 and AQ-4), the proposed Project would be consistent with the 2022 CARB Scoping Plan and the State’s GHG reduction goals (Draft Supplemental EIR at pp. 5.5-18 through 5.5-22). City of Santa Ana Climate Action Plan The City of Santa Ana’s Climate Action Plan (CAP) includes reduction measures that would help the City achieve its emissions reduction goal, which is consistent with the statewide goals identified. The proposed Project is consistent with City’s CAP strategy of locating new mixed-use development within employment corridors to create a more optimal mix of land uses and reduce vehicle miles traveled. The proposed Project is an urban mixed-use infill project that would include local retail, housing, office, and hotel uses near transit routes, major freeways, and roadways. The proposed Project includes pedestrian circulation and bicycle circulation infrastructure and facilities. The infill location, mix of uses, and proximity to transit would reduce dependency on cars, reduce time spent in traffic, closely links residents to jobs and services, and reduce VMT. As mobile sources are a significant component of GHG emissions, reducing VMTs is integral to achievement of state GHG reduction goals. As described in Draft Supplemental EIR Table 5.5-6, the proposed Project would be consistent with the relevant measures of the City’s CAP. The proposed Project would not result in a conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs. The proposed Project would be implemented in compliance with state energy standards provided in Title 24, as well as future state regulations adopted to facilitate reductions in statewide GHG emissions. The proposed Project would not interfere with the state’s implementation of AB 1279’s target of 85 percent below 1990 levels and carbon neutrality by 2045 because it would be consistent with the CARB 2022 Scoping Plan, which is intended to achieve the reduction targets required by the state. In addition, the proposed Project would be consistent with the relevant City GPU goal and policies and the City’s Climate Action Plan. Thus, the proposed Project would not result in a conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs, and impacts would be less than significant (Draft Supplemental EIR at pp. 5.5- 17-23 through 5.5-26). Mitigation Measures: City Council 26 – 106 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 61 CEQA Findings of Fact September 2024 Mitigation Measure GHG-1: Solar Panels. As listed previously. Mitigation Measure GHG-2: LEED, Charging Stations, and Bus Stops. As listed previously. Mitigation Measure GHG-3: Landfill Waste. As listed previously. Mitigation Measure GHG-4: Electrical Landscape Equipment. As listed previously. Mitigation Measure GHG-5: Energy Efficient Appliances. As listed previously. Mitigation Measure AQ-4: Prohibition of Fireplaces. As listed previously. E. Hazards and Hazardous Materials Impact Finding: The Project would not create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials (Draft Supplemental EIR at p. 5.6-22). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: Construction The Phase I Environmental Site Assessment (included as Appendix J to the Draft Supplemental EIR) determined that asbestos-containing materials (ACMs) and lead-based paint may exist due to the date of construction of the existing buildings. Therefore, asbestos surveys and abatement would be required prior to demolition or renovation of the existing building pursuant to the existing South Coast Air Quality Management District (SCAQMD), Cal/OSHA, and the sections of the California Health and Safety Code. These requirements were developed to protect human health and the environment from the hazards associated with exposure to lead based materials and airborne asbestos fibers. Compliance with these existing regulations, as ensured through the permitting process and included as PPP HAZ-1 and PPP HAZ-2, would reduce impacts related to routine transport and disposal of asbestos-containing materials and lead-based paint during construction activities to a less than significant level. As described in the Phase II Environmental Site Assessments (Draft Supplemental EIR Appendix K1 and Appendix K2), soil within portions of the Project site exhibits concentrations of TPH-d, TPH-mo, and select SVOCs that exceed residential screening levels. The Phase II Environmental Site Assessments describe that soils with concentrations above residential screening levels and below commercial screening levels could be reused onsite as backfill material for non-residential and non- sensitive areas. However, soils that exceed both residential and commercial screening levels would need to be excavated and removed during Project excavation and grading activities as required by regulation and, as applicable, DTSC, California Integrated Waste Management Board, and/or the RWQCB. As a result, Mitigation Measure HAZ-1 would be implemented to reduce the potential risks related to accidental release and exposure of people and the environment to the contaminated soils. City Council 26 – 107 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 62 CEQA Findings of Fact September 2024 Mitigation Measure HAZ-1 requires that a qualified consultant prepare a Soil Management Plan (SMP) to be used during earthwork and grading to identify soils that cannot be reused onsite and offsite disposal. Mitigation Measure HAZ-1 requires excavation of contaminated soils be completed pursuant to existing DTSC and RWQCB requirements, soils sampling to ensure all contaminated soils are removed, and that a certified hazardous waste hauler remove and transport all TPH impacted soil and other potentially hazardous materials per California Hazardous Waste Regulations to a landfill permitted by the state to accept hazardous materials. Excavated soil containing hazardous substances would be classified as a hazardous waste if they exhibit the characteristics of ignitability, corrosivity, reactivity, or toxicity (CCR, Title 22, Division 4.5, Chapter 11, Article 3). The SMP would detail hazardous materials excavation and disposal methods and requirements pursuant to the regulation of Title 8 of the California Code of Regulations (CalOSHA) and Department of Toxic Substances Control (DTSC) that regulates the removal, transportation, and disposal of hazardous waste to protect human health and the environment. With implementation of Mitigation Measure HAZ-1 impacts related to hazards from contaminated soils would be less than significant (Draft Supplemental EIR at p. 5.6-22). Plans, Program and Policies: PPP HAZ-1: SCAQMD Rule 1403. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that an asbestos survey has been conducted at all existing buildings located on the Project site. If asbestos is found, the Project applicant shall follow all procedural requirements and regulations of South Coast Air Quality Management District Rule 1403. Rule 1403 regulations require that the following actions be taken: notification of SCAQMD prior to construction activity, asbestos removal in accordance with prescribed procedures, placement of collected asbestos in leak-tight containers or wrapping, and proper disposal. PPP HAZ-2: Lead. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that a lead-based paint survey has been conducted at all existing buildings located on the Project site. If lead-based paint is found, the Project applicant shall follow all procedural requirements and regulations for proper removal and disposal of the lead-based paint. Cal-OSHA has established limits of exposure to lead contained in dusts and fumes. Specifically, CCR Title 8, Section 1532.1 provides for exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. Mitigation Measures: Mitigation Measure HAZ-1: Prior to issuance of a grading permit, a Soil Management Plan (SMP) shall be prepared by a qualified hazardous materials consultant and shall detail procedures and protocols for excavation and disposal of onsite hazardous materials, including: • Any subsurface materials exposed during construction activities that appear potentially contaminated, based on either visual observation or suspect odors, shall be segregated, stockpiled, and tested for potential contamination. If contamination is found to be present per the California Department of Toxic Substances Control (DTSC) Environmental Screening Levels (ESLs) for the applicable use, and cannot be reused on the Project site, it shall be transported City Council 26 – 108 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 63 CEQA Findings of Fact September 2024 by a certified hazardous waste hauler to a landfill permitted by the state to accept hazardous materials and disposed of per California Hazardous Waste Regulations. • A Health and Safety Plan (HASP) shall be prepared for each contractor that addresses potential safety and health hazards and includes the requirements and procedures for employee protection. The HASP shall also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction. • All SMP measures shall be printed on the construction documents, contracts, and project plans prior to issuance of grading permits. Impact Finding: The Project would not create a significant hazard to the public or the environment through reasonably foreseeable upset or accident conditions involving the release of hazardous materials into the environment (Draft Supplemental EIR at p. 5.6-23). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: Construction Accidental Release. While the routine use, storage, transport, and disposal of hazardous materials in accordance with applicable regulations during demolition, excavation, grading, and construction activities would not pose health risks or result in significant impacts; improper use, storage, transportation and disposal of hazardous materials and wastes could result in accidental spills or releases, posing health risks to workers, the public, and the environment. Thus, implementation of the proposed Project could potentially result in the accidental release of hazardous materials. The use of best management practices (BMPs) during construction implemented as part of a Stormwater Pollution Prevention Plan (SWPPP) as required by the National Pollution Discharge Elimination System General Construction Permit (and included as PPP WQ-1) would minimize potential adverse effects to workers, the public, and the environment (Draft Supplemental EIR at p. 5.6-23). Contaminated Soils. As described previously, portions of the site contain soil that could be reused onsite as backfill material for non-residential and non-sensitive use areas. Soils that exceed applicable USEPA and/or DTSC Screening levels would require excavation and disposal pursuant to the requirements of the DTSC, California Integrated Waste Management Board, RWQCB, OCFA, and the OCHCA. As a result, Mitigation Measure HAZ-1 is included to require a Soil Management Plan (SMP) be implemented during earthwork and grading to remove and dispose of impacted soils. Mitigation Measure HAZ-1 requires handling of contaminated soils be completed pursuant to existing DTSC and RWQCB standards, soils sampling to ensure contaminated soils are removed, and that a certified hazardous waste hauler remove and transport hazardous materials per California Hazardous Waste Regulations to a landfill permitted by the state to accept hazardous materials. With implementation of Mitigation Measure HAZ-1 impacts related to hazards from contaminated soils would be less than significant (Draft Supplemental EIR at pp. 5.6-23 through 5.6-24). City Council 26 – 109 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 64 CEQA Findings of Fact September 2024 Asbestos Containing Materials. Buildings on the Project site were constructed in the 1970s when many structures were constructed with what are now recognized as hazardous building materials, such as lead and asbestos. Demolition of these structures could result in the release of hazardous materials. However, asbestos abatement contractors must follow state regulations contained in California Code of Regulations Sections 1529, and 341.6 through 341.14 as implemented by SCAQMD Rule 1403 to ensure that asbestos removed during demolition or redevelopment of the existing buildings is transported and disposed of at an appropriate facility. Section 19827.5 of the California Health and Safety Code requires that local agencies not issue demolition permit until an applicant has demonstrated compliance with notification requirements under applicable federal regulations regarding hazardous air pollutants, including asbestos. These requirements are included as PPP HAZ-1 to ensure that the Project applicant submits verification to the City that the appropriate activities related to asbestos have occurred, which would reduce the potential of impacts related to asbestos to a less than significant level (Draft Supplemental EIR at p. 5.6-24). Undocumented Hazardous Materials. The Project site has a long history of various uses that includes use and storage of hazardous materials. As a result, there is the potential for undocumented hazardous material to exist onsite. Excavated soil containing hazardous substances and hazardous building materials would be classified as a hazardous waste if they exhibit the characteristics of ignitability, corrosivity, reactivity, or toxicity (CCR, Title 22, Division 4.5, Chapter 11, Article 3). State and federal laws require detailed planning to ensure that hazardous materials are properly handled, used, stored, and disposed of, and in the event that such materials are accidentally released, to prevent or to mitigate injury to health or the environment. These regulations are detailed previously and include, but are not limited to, the federal Resource Conservation and Recovery Act, the Occupational Safety and Health Act that is implemented by OSHA, and the Hazardous Materials Transportation Act. Additionally, the California Integrated Waste Management Board and the RWQCB specifically address management of hazardous materials and waste handling in their adopted regulations (CCR, Title 14 and CCR, Title 27). Also, Mitigation Measure HAZ-1would reduce impacts related to other soil contamination, not identified previously. Thus, with implementation of existing regulations and Mitigation Measure HAZ-1, impacts related to upset or accident conditions involving the release of hazardous materials into the environment would be less than significant (Draft Supplemental EIR at pp. 5.6-24 through 5.6-25). Operation Development under the proposed Project would involve multi-family, restaurant, and retail commercial uses that would use and store common hazardous materials such as paints, solvents, and cleaning products. Also, building mechanical systems and grounds and landscape maintenance could also use a variety of products formulated with hazardous materials, including fuels, cleaners, lubricants, adhesives, sealers, and pesticides/herbicides. A Water Quality Management Plan (WQMP) is required to be implemented for the proposed Project (as further discussed in Section 5.7, Hydrology and Water Quality and included as PPP WQ-2). The BMPs that would be implemented as part of the WQMP would protect human health and the environment should any accidental spills or releases of hazardous materials occur during operation of the proposed Project. Mitigation Measure HAZ-1 requires implementation of a Soil Management Plan to ensure appropriate removal and handling of potentially hazardous materials that could be encountered during site excavation and grading. As a result, operation of the proposed Project would not result City Council 26 – 110 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 65 CEQA Findings of Fact September 2024 in a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment, and impacts would be less than significant. Moreover, although impacts of the environment on a project do not require analysis or mitigation under CEQA and the proposed Project would not result in impacts on future users and residents, Mitigation Measure HAZ-2 is included and requires the Project applicant to conduct testing or design buildings to ensure that future users and residents of the proposed Project are not exposed to elevated levels of vapors (Draft Supplemental EIR at p. 5.6-25). Plans, Program and Policies (PPPs): PPP HAZ-1: SCAQMD Rule 1403. As listed previously. PPP HAZ-2: Lead. As listed previously. PPP WQ-1: NPDES/SWPPP. Prior to issuance of any grading or demolition permits, the applicant shall provide the City Building and Safety Division evidence of compliance with the National Pollutant Discharge Elimination System (NPDES) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger. The Project applicant/proponent shall comply by submitting a Notice of Intent (NOI) and by developing and implementing a Stormwater Pollution Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site. PPP WQ-3: WQMP. Prior to the approval of the Grading Plan and issuance of Grading Permits a completed Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Building and Safety Division. The WQMP shall identify all Post-Construction, Site Design, Source Control, and Treatment Control Best Management Practices (BMPs) that will be incorporated into the development project in order to minimize the adverse effects on receiving waters. Mitigation Measures: Mitigation Measure HAZ-1: Soil Management Plan (SMP). As listed previously. Mitigation Measure HAZ-2: Prior to issuance of a building permit for a future building within the Specific Plan area, the Project applicant shall, at its election, undertake one of the following three activities: (1) perform a subsurface soil vapor assessment demonstrating that vapor concentrations are within established limits for vapor intrusion into future buildings; (2) prepare a human health risk assessment (HHRA) demonstrating that documented levels of soil vapor do not represent a significant health risk to occupants of the future buildings; or (3) submit plans for a vapor intrusion mitigation system (VIMS) to be installed beneath the foundation of the future buildings. The Project applicant may rely on different measures of the foregoing options in different parts of the Specific Plan area. F. Noise Impact Finding: The Project would not result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies (Draft Supplemental EIR at p. 5.9-13). City Council 26 – 111 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 66 CEQA Findings of Fact September 2024 Facts in Support of Findings: Construction Per Section 18-314 (Special Provisions) of the City’s Municipal Code noise sources associated with construction activities are exempt from the City’s established noise standards as long as the activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. The proposed Project’s construction activities would occur pursuant to these regulations. Thus, the proposed Project would be in compliance with the City’s construction related noise standards. Construction noise would be temporary in nature as the operation of each piece of construction equipment would not be constant throughout the construction day, and equipment would be turned off when not in use. Construction activities would occur throughout the Project site and would not be concentrated at a single point near sensitive receptors. Further, it is unlikely that multiple pieces of equipment would operate within the same area closest to sensitive receptors during Project construction. Because the analysis assumes that the noisiest equipment would operate concurrently at the construction boundary closest to the nearest sensitive receptor, it provides represents a conservative analysis of potential impacts. Construction noise levels drop off at a rate of about 6 dBA per doubling of distance between the noise source and receptor (Draft Supplemental EIR at pp. 5.9-13 through 5.9-15). Phase 1. As shown on Draft Supplemental EIR Table 5.9-8, construction noise for Phase 1 would be as close as 130 feet from the closest offsite residences, at the nearby receiver locations would range from 65.4 to 75.7 dBA Leq, which would not exceed the 80 dba Leq daytime construction noise level threshold. Therefore, construction impacts related to Phase 1 would be less than significant (Draft Supplemental EIR at p. 5.9-15). Phase 2. Construction activity for Phase 2 would be as close as 410 feet from the closest offsite residences. As shown on Table 5.9-9 of the Draft Supplemental EIR, noise from Phase 2 construction at the closest nearby receiver locations would range from 55.4 to 68.0 dBA Leq. This would not exceed the 80 dba Leq daytime construction noise level threshold. In addition, Phase 2 construction would occur after Phase 1 is occupied. The onsite receptors in Phase 1 would be located as close as 130 feet away from the Phase 2 construction activity area where heavy equipment would be located. The loudest Phase 2 noise level would occur during grading and would be 75.6 dBA at the Phase 1 residences located 130 feet away, which would not exceed the 80 dBA Leq daytime construction noise level threshold at residential receiver locations. Therefore, construction noise impacts to offsite sensitive receptors related to Phase 2 would be less than significant (Draft Supplemental EIR at p. 5.9-15). Phase 3. As shown on Table 5.9-10 of the Draft Supplemental EIR, construction activity for Phase 3 would be as close as 130 feet from the closest offsite residences, and noise from Phase 3 construction at the nearby receiver locations would range from 65.4 to 75.9 dBA Leq. This would not exceed the 80 dBA Leq daytime construction noise level threshold. Therefore, construction noise impacts to offsite sensitive receptors related to Phase 3 would be less than significant. In addition, Phase 3 construction would occur after Phase 1 and Phase 2 are occupied. The onsite receptors in Phases 1 and 2 would be located as close as 130 feet away from the Phase 3 construction activity. The loudest Phase 3 noise level would occur during demolition and grading City Council 26 – 112 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 67 CEQA Findings of Fact September 2024 and would be 76.5 dBA at the closest Phase 1 and Phase 2 residences located 130 feet away. Therefore, Phase 3 construction would not exceed the 80 dBA Leq daytime construction noise level threshold at residential receiver locations. Therefore, construction noise impacts related to Phase 3 would be less than significant. Although noise generated from construction of Phases 1, 2, and 3 would be less than significant, the proposed Project would still be required to implement GPU FEIR Mitigation Measure N-1, which includes construction requirements to limit noise. The proposed Project would result in less impacts than the construction noise impacts that were identified in the GPU FEIR, which were identified as significant. Therefore, construction noise impacts related to the proposed Project would not exceed those previously identified (Draft Supplemental EIR at pp. 5.9-15 through 5.9-16). Offsite Construction Noise. The offsite improvements include the installation and upgrade of water, stormwater, and sewer utilities, as well as roadway improvements that include sidewalks, bicycle facilities, landscaping, intersection improvements, median reconstruction, etc. The offsite improvements would include excavators, loaders, and trucks during pavement demolition and trenching activities and pavers, rollers, and loaders for paving activities. Draft Supplemental EIR Table 5.9-11 shows that the proposed Project’s offsite construction noise would not exceed the FTA’s standard. Additionally, when the worst-case offsite noise level (77.4 dBA during demolition) is combined with the worst-case onsite construction noise level (75.7 dBA during Phase 1 demolition), noise levels would be 79.6 dBA, which is below the FTA’s 80 dBA standard. Therefore, construction noise impacts from offsite improvements would be less than significant. In addition, GPU FEIR Mitigation Measure N-1, which includes construction requirements to limit noise would be required to be implemented, which would reduce noise generated from proposed Project construction at sensitive receptor locations (Draft Supplemental EIR at pp. 5.9-16 through 5.9-17). Nighttime Concrete Pour Construction Noise. The proposed Project could include nighttime concrete pour activities. The nighttime concrete pours would use the following construction equipment: concrete mixer trucks, concrete pump truck, concrete vibrator, generator, trucks, and air compressors. Draft Supplemental EIR Table 5.9-12 shows that construction noise associated with nighttime concrete pours would be up to 71.0 dBA at the closest offsite sensitive receptors. Therefore, nighttime construction noise would exceed FTA’s nighttime threshold of 70 dBA at offsite sensitive receptors and Project Mitigation Measure NOI-1 has been included to require enclosures for stationary (e.g., generators, air compressors, etc.) concrete pour equipment and buffer distances for mobile equipment (including concrete trucks) to minimize nighttime construction noise. Draft Supplemental EIR Table 5.9-12 shows that with implementation of GPU FEIR Mitigation Measure N- 1 and Project Mitigation Measure NOI-1, impacts related to nighttime concrete pour activities at offsite sensitive receptors would be less than significant (Draft Supplemental EIR at pp. 5.9-17 through 5.9-18). Construction Traffic Noise. Noise generated from construction traffic would increase short-term noise; however, these noise levels are temporary and would cease once construction is complete. The trucks associated with construction would occur during the allowable hours for construction specified in the Municipal Code (7:00 a.m. to 8:00 p.m. on weekdays and Saturdays). Trucks (including trucks hauling excavated material) would also occur during the allowable daytime hours only. Draft Supplemental EIR Table 5.9-13 shows that construction traffic noise levels would not City Council 26 – 113 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 68 CEQA Findings of Fact September 2024 exceed the 85 dBA construction thresholds for commercial uses (soil hauling would not occur along residential streets) and roadway noise levels would not increase ambient noise levels above the perceptible range (3.0 dBA) for any of the construction phases. Therefore, a less than significant impact would occur. Additionally, the GPU FEIR Mitigation Measure N-1 requires construction traffic use City approved haul routes to the extent feasible. Thus, ensuring that construction traffic would not use residential roadways (Draft Supplemental EIR at pp. 5.9-18 through 5.9-19). Operation Onsite Operational Noise. Noise generated by the Project would occur from stationary equipment such as heating, ventilation, and air conditioning (HVAC) units that would be installed for the new development, use of parking facilities, trash removal activity, and activity at outdoor gathering areas. Based on these typical noise levels, operation of the Project would not result in an exceedance of the City’s Municipal Code Section 18-313 noise standards. Also, the City’s building and plan check permitting process includes verification that the location of operational noise sources would not result in an exceedance of the municipal code standards. At the closest sensitive receptor, approximately 130 feet away, mechanical equipment noise levels would attenuate to 43.7 dBA, which is below the City’s ambient noise standards of 55 dBA for residential receptors and below the measured ambient levels ranging from 58.4 to 71.0 dBA (refer to Draft Supplemental EIR Table 5.9-4). Operation of mechanical equipment would not increase ambient noise levels beyond the acceptable compatible land use noise levels. Therefore, the proposed Project would result in a less than significant impact related to stationary noise levels. Thus, the City’s standards development permitting process would ensure that the proposed Project would not generate on-site operational noise that would exceed noise standards. Therefore, impacts would be less than significant (Draft Supplemental EIR at pp. 5.9-19 through 5.9-21). Onsite Traffic Operational Noise. Future residents at the Project site would be exposed to mobile traffic noise along Bristol Street, MacArthur Boulevard, Sunflower Avenue, and Plaza Drive. Table 5.9-17 shows that noise levels along these roadways would be up to 68.8 dBA (along Bristol Street from MacArthur Boulevard to Callen’s Common) at 100 feet from the roadway centerline. At 70 feet, traffic noise would be approximately 71 dBA. However, this does not account for intervening structures and changes in altitude, as residences would be above commercial and retail uses. Therefore, the potential for the proposed Project to exceed the City’s 65 dBA exterior and 45 dBA interior General Plan noise standards (based on an outdoor to indoor attenuation rate of 25 dB) cannot be excluded, and noise-reduction features, acoustical designs for the proposed residential buildings, and enforcement of the California Uniform Building Code would be required. However, Condition of Approval NOI-1 is included to require a detailed acoustical study demonstrating that all residential units would meet the City’s General Plan 65 dBA exterior and 45 dBA interior noise standards by incorporating applicable noise reduction features. Compliance with Condition of Approval NOI-1 would ensure that the proposed Project meets the applicable City and state standards (Draft Supplemental EIR at pp. 5.9-13-29 through 5.9-30). Condition of Approval: COA N-1: On site Traffic Noise. Prior to issuance of building permits for Phase 1, Phase 2, and Phase 3, a detailed acoustical study based on architectural plans shall be prepared by a qualified acoustical consultant to demonstrate compliance with General Plan Noise Element Standards. The City Council 26 – 114 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 69 CEQA Findings of Fact September 2024 acoustical study shall be submitted to the City’s Planning and Building Agency to demonstrate that all residential units would meet the City’s 65 dBA exterior noise standard and 45 dBA interior noise standard to the satisfaction of the Planning and Building Agency Executive Director. This complies with the applicable sections of the California Building Code (Title 24 of the California Code of Regulations). The necessary noise reductions may be achieved by implementing noise control measures at the receiver locations. The required noise attenuation measures shall be incorporated into the applicable building plans and specifications. Mitigation Measures: GPU FEIR MM N-1: Construction contractors shall implement the following measures for construction activities conducted in the City of Santa Ana. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans submitted to the City: The City of Santa Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading and/or building permits. • Construction activity is limited to the hours: Between 7:00 a.m. to 8:00 p.m. Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. • During the entire active construction period, equipment and trucks used for project construction shall use the best-available noise control techniques (e.g., improved mufflers, equipment re-design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment such as generators and air compressors shall be located as far as feasible from nearby noise-sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise-sensitive receptors. • Construction traffic shall be limited to approved haul routes established by the City Public Works Agency. Exceptions to approved routes must be granted by the Public Works Agency before any modification to approved haul routes. • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the onsite construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. City Council 26 – 115 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 70 CEQA Findings of Fact September 2024 • During the entire active construction period and to the extent feasible, the use of noise- producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level, or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line-of-sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. Mitigation Measure NOI-1: Prior to the issuance of construction/grading permits, the Project Applicant shall obtain a permit from the City’s Building and Safety Division to complete work outside the standard construction hours outlined in Santa Ana Municipal Code Section 18-314(e). In addition, the Project Applicant and/or contractor(s) shall develop a nighttime construction noise control plan that requires the following: Stationary equipment such as generators and air compressors shall adhere to the following: • Stationary equipment (e.g., generators, air compressors, etc.) shall be located 300 feet or more away from residences. • Stationary equipment shall be surrounded with noise barriers to achieve a minimum 10 dBA reduction. Alternatively, a temporary noise barrier may be used along the property line. Mobile equipment such as concrete mixer trucks, pump trucks shall adhere to the following: • The nighttime noise control plan shall prohibit mobile equipment and trucks from operating within the following distances to offsite sensitive receptors:  Phase 1: Trucks and equipment shall be 140 feet or more away from the Versailles residences along Plaza Drive.  Phase 2: No minimum distance required (Phase 2 is 410 feet from sensitive receptors and would not exceed thresholds).  Phase 3: Trucks and equipment shall be 150 feet or more away from the Versailles residences along Plaza Drive. • The nighttime noise control plan shall prohibit mobile equipment and trucks from operating within the following distances to onsite sensitive receptors:  Phase 1: No minimum distance is required because no onsite receptors would be constructed prior to Phase 1.  Phase 2: Trucks and equipment shall be 150 feet or more away from Phase 1 onsite residences. City Council 26 – 116 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 71 CEQA Findings of Fact September 2024  Phase 3: Trucks and equipment shall be 170 feet or more away from Phase 1 and Phase 2 onsite residences. G. Tribal Cultural Resources Impact Finding: The Project would not cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historic resources as defined in Public Resources Code Section 5020.1(K) (Draft Supplemental EIR at p. 5.14-7). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: The City sent letters to 20 Native American representatives identified by NAHC, notifying them of the proposed Project in accordance with SB 18 and AB 52. The City consulted with each tribe that requested consultation. During the course of the tribal consultation process, no Native American tribe provided the City with substantial evidence indicating that tribal cultural resources, as defined in PRC Section 21074, are present on the Project site or have been found previously on the Project site. However, due to the Project site’s location in an area where Native American tribes are known to have a cultural affiliation, there is the possibility that archaeological resources, including tribal cultural resources, could be encountered during ground disturbing construction activities. As such, Project-specific Mitigation Measures TCR-1 through TCR-3 would be implemented to require Native American monitoring during any ground disturbing activities on the Project site and to avoid potential impacts to tribal cultural resources that may be unearthed by Project construction activities. With implementation of GPU FEIR Mitigation Measures CUL-4 and CUL-6 and Project-specific Mitigation Measures TCR-1 through TCR-3, impacts to tribal cultural resources would be less than significant. Therefore, impacts related to Project buildout of the site would be consistent with the impact conclusions set forth in the GPU FEIR, which determined that impacts related to tribal cultural resources would be less than significant with the incorporation of mitigation (Draft Supplemental EIR at p. 5.14-7). Mitigation Measures: GPU FIER Mitigation Measure CUL-4: As listed previously. GPU FIER Mitigation Measure CUL-6: As listed previously. Mitigation Measure TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities A. The Project Applicant shall retain a Native American monitor from or approved by the Gabrieleño Band of Mission Indians-Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject Project at any Project locations (i.e., both onsite and any offsite locations that are included in the Project description/definition and/or required in connection with the proposed Project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, City Council 26 – 117 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 72 CEQA Findings of Fact September 2024 pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. B. A copy of the executed monitoring agreement shall be submitted to the Lead Agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground- disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project Applicant upon written request to the Tribe. D. Onsite tribal monitoring shall conclude upon the earlier of the following (1) written confirmation to the Kizh from a designated point of contact for the Project Applicant or lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the Project Applicant or Lead Agency that no future, planned construction activity and/or development/construction phase at the Project site possesses the potential to impact Kizh TCRs. Mitigation Measure TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non- Funerary/Non-Ceremonial) A. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor in consultation with a qualified archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). City Council 26 – 118 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 73 CEQA Findings of Fact September 2024 D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. Impact Finding: The Project would not cause a substantial adverse change in the significance of a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, that considers the significance of the resource to a California Native American tribe (Draft Supplemental EIR at p. 5.14-7). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: The Project site has been heavily disturbed to substantial depths. The proposed Project involves excavation; however, no substantial evidence exists that TCRs are present in the Project site. Although, no TCRs have been identified, during the SB 18/AB 52 consultation, the Gabrieleño Band of Mission Indians – Kizh Nation stated that the Project lies within its ancestral tribal territory within a potentially sensitive area. Therefore, to avoid potential adverse effects to tribal cultural resources, Mitigation Measure TCR-1 has been included to provide for Native American resource sensitivity training, monitoring, and to prescribe activities should any inadvertent discoveries of tribal cultural resources be unearthed by Project construction activities. Additionally, California Health and Safety Code, Section 7050.5 requires that if human remains are discovered in the Project site, disturbance of the site shall halt and remain halted until the coroner has conducted an investigation. If the coroner determines that the remains are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Therefore, with implementation of Mitigation Measure TCR-1 and the existing regulations, impacts to TCRs would be less than significant (Draft Supplemental EIR at pp. 5.14-7 through 5.14-8). Mitigation Measures: GPU FIER Mitigation Measure CUL-4: As listed previously. GPU FIER Mitigation Measure CUL-6: As listed previously. Mitigation Measure TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. As listed previously. Mitigation Measure TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non- Funerary/Non-Ceremonial). As listed previously. Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects. As listed previously. City Council 26 – 119 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 74 CEQA Findings of Fact September 2024 This page was intentionally left blank. City Council 26 – 120 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 75 CEQA Findings of Fact September 2024 SECTION V RESOLUTION REGARDING SIGNIFICANT AND UNAVOIDABLE ENVIRONMENTAL IMPACTS Public Resources Code section 21002 states that “it is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects. The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof.” Section 15364 of the State CEQA Guidelines defines “feasible” as “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.” The City Council hereby finds that, despite the incorporation of feasible measures outlined in the Final Supplemental EIR, the following impacts cannot be fully mitigated to a less than significant level. Despite these significant and unavoidable impacts, the City nevertheless approves the Project because of the benefits described in the Statement of Overriding Considerations included herein. M. Air Quality Impact Finding: The Project would result in a conflict with or obstruct implementation of the applicable air quality plan (Draft Supplemental EIR at p. 5.1-23). Facts in Support of Findings: The SCAQMD’s 2022 AQMP is the applicable air quality plan for the proposed Project. Pursuant to Consistency Criterion No. 1, projects that are consistent with the regional population, housing, and employment forecasts identified by SCAG are considered to be consistent with the AQMP growth projections, since the forecast assumptions by SCAG forms the basis of the land use and transportation control portions of the AQMP that result in air quality emissions. As shown on Table 5.10-8 (Section 5.10, Population and Housing, of the Draft Supplemental EIR), the Project buildout of 9,238 residents would be 48 percent of the GPU FEIR buildout for the South Bristol Street Focus Area, and population growth from the proposed Project would not exceed the growth identified in the GPU FEIR. Also, as shown on Draft Supplemental EIR Table 5.10-9, the proposed Project would result in a total of 1,092 employees at buildout and full occupancy. These employees would consist of approximately 14 percent of the GPU projected increase in employment from buildout of the South Bristol Street Focus Area. Therefore, employment growth from buildout of the proposed Project would not exceed the growth identified in the GPU FEIR. Therefore, the proposed Project would be within and consistent with SCAG’s growth projections, and within the growth assumptions of the AQMP. Thus, the proposed Project would comply with AQMD AQMP Consistency Criterion No. 1. Regarding Consistency Criterion No. 2, which evaluates the potential of the proposed Project to increase the frequency or severity of existing air quality violations; an impact would occur if the long-term emissions associated with the proposed Project would exceed SCAQMD’s regional significance thresholds for emissions of NOx and ROG. Although GPU FEIR Mitigation Measure AQ- City Council 26 – 121 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 76 CEQA Findings of Fact September 2024 1 1 and Project Mitigation Measure AQ-1 requires the off-road construction equipment greater than 50 horsepower to meet CARB Tier 4 Final emission standards, and Project specific Mitigation Measure AQ-1 provides for construction exhaust and dust controls, construction emissions associated with NOx would remain above the SCAQMDs threshold. Also, Mitigation Measure AQ-3 requires a Transportation Demand Management (TDM) program, Mitigation Measure AQ-4 prohibits fireplaces, and Mitigation Measure AQ-6 requires the Project to use “Super-Compliant” low VOC paints to reduce operational ROG emissions. However, ROG emissions during operation of the Project at buildout would remain above the SCAQMD’s threshold. There are no feasible mitigation measures that would reduce NOx and ROG emissions to below the SCAQMD thresholds. Therefore, the proposed Project would result in an impact related to Consistency Criterion No. 2. As a result, impacts related to consistency with the AQMP would be significant and unavoidable. This is consistent with the impacts identified in the GPU FEIR. Overall, despite the proposed Project’s consistency with SCAG’s regional growth forecasts and the GPU buildout of the South Bristol Street Focus Area per the DC-5 designation, the proposed Project would lead to increased regional air quality operational emissions that would exceed thresholds. Therefore, the proposed Project would result in a conflict with, or obstruct, implementation of the AQMP and impacts would be significant and unavoidable after implementation of mitigation measures that are detailed below. This finding is consistent with the findings of the GPU FEIR related to criteria emissions. (Draft Supplemental EIR at pp. 5.1-23 through 5.1-24). Impact Finding: The Project would result in a cumulatively considerable net increase of a criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (Draft Supplemental EIR at p. 5.1-24). Facts in Support of Findings: Construction Draft Supplemental EIR Table 5.1-8 provides the maximum daily unmitigated emissions of criteria air pollutants from construction of Phase 1 of the proposed Project and shows that SCAQMD thresholds would be exceeded for NOx and ROG (VOC). The GPU FEIR Mitigation Measure AQ- 11 and Project Mitigation Measure AQ-1 requires the off-road construction equipment greater than 50 horsepower to meet CARB Tier 4 Final emissions standards in order to reduce diesel exhaust construction emissions. Project specific Mitigation Measure AQ-2 requires the proposed Project to use “Super-Compliant” low VOC paints to reduce ROG emissions to less than significant levels. Draft Supplemental EIR Table 5.1-9 shows that despite the implementation of mitigation, construction emissions associated with NOx during Phase 1 of construction would remain above the SCAQMD’s threshold. Therefore, criteria emissions impacts related to construction of Phase 1 would be significant and unavoidable (Draft Supplemental EIR at p. 5.1-24). Overlapping Construction and Operation Emissions. Phase 1 Operations + Phase 2 Construction. Phase 1 has the potential to be operational during Phase 2 construction. Draft Supplemental EIR Table 5.1-18 shows the overlapping emissions would exceed SCAQMD threshold for ROG and NOx and that Mitigation Measures AQ-1 through AQ-6 City Council 26 – 122 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 77 CEQA Findings of Fact September 2024 would be required. Draft Supplemental EIR Table 5.1-19 shows that overlapping emissions would continue to exceed SCAQMD thresholds for ROG after implementation of Mitigation Measures AQ- 1 through AQ-7. The majority of the proposed Project’s ROG emission exceedances are from consumer products that the City cannot control emissions of; and therefore, cannot feasibly be reduced below the SCAQMD thresholds. As a result, impacts from overlapping emissions of Phase 1 operations and Phase 2 construction would be significant and unavoidable (Draft Supplemental EIR at p. 5.1-29) Phase 1 Operations + Phase 2 Operation + Phase 3 Construction. Phase 1 and Phase 2 have the potential to be operational during Phase 3 construction. Draft Supplemental EIR Table 5.1-21 shows that overlapping emissions would continue to exceed SCAQMD thresholds for ROG and NOx after implementation of Mitigation Measures AQ-1 through AQ-7. As detailed previously, the majority of the proposed Project’s emission exceedances are from consumer product and mobile sources and cannot feasibly be reduced below the SCAQMD thresholds. Emissions from motor vehicles are controlled by state and federal standards and the City and proposed Project have no control over these standards. Therefore, impacts from overlapping emissions of Phases 1 and 2 operations and Phase 3 construction would be significant and unavoidable (Draft Supplemental EIR at p. 5.1-30). Buildout Operational Emissions The mitigated operational emissions from Phase 1, Phase 2, Phase 3 combined are provided in Draft Supplemental EIR Table 5.1-22, which shows that after implementation of Mitigation Measures AQ-1 through AQ-7 the net increase in operational emissions from the proposed Project at buildout would exceed thresholds for ROG. ROG emissions are generated from consumer products, the emissions of which are not controlled by either the City or the applicant. Therefore, operational air quality impacts would remain significant and unavoidable after implementation of mitigation. (Draft Supplemental EIR at pp. 5.1-30 through 5.1-31). N. Parks and Recreation Impact Finding: The Project would result in substantial adverse physical impacts associated with the provisions of new or altered park facilities, the construction of which could cause significant environmental impacts (Draft Supplemental EIR at p. 5.12-5). Facts in Support of Findings: As described in Draft Supplemental EIR Section 5.10, Population and Housing, the proposed Project is to result in 9,238 residents at full occupancy. This would increase demand for park and recreational facilities. Based on the GPU policy to attain 3 acres of parkland per every 1,000 residents, the proposed Project would result in a demand for approximately 27.7 acres of parkland, to support these additional populaces. The proposed Project would meet a portion of this increased need through provision of approximately 13.1 acres of public open space. In addition, each of the buildings with residential units would include private recreation facilities for residents. Future developments pursuant to the Specific Plan would provide public and private open space amenities at a ratio of 200 SF per unit, such as open space rooftop areas, tot lots, pools and spas, courtyards, fitness areas, dog runs, etc. City Council 26 – 123 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 78 CEQA Findings of Fact September 2024 Private open space areas, such as balconies and patios, would be provided at a ratio of 50 SF per unit, which is included in the 200 SF per unit requirement. Based on the ratio of 200 SF of open space per dwelling unit, buildout of the Specific Plan would include approximately 17.21 acres of public and private open space. Of that, approximately 187,500 SF (4.3 acres) of private open space would be provided based on the ratio of 50 SF per unit. Therefore, approximately 41.8 percent of the 41.13-acre Project site would be dedicated to public and private opens space amenities to meet the proposed Project’s demands. Thus, onsite private and public amenities are anticipated to meet most of the park and recreation needs of Project residents. The proposed Project would require 14.6 acres of public parkland beyond the 13.1 acres proposed by the Project and 10.49 acres of combined public and private recreational amenities beyond that which is required by the Related Bristol Specific Plan development standards. The City currently has approximately 1.2 acres of public park and/or recreational space per every 1,000 residents; and therefore, does not have existing sufficient land or Citywide parks and recreation facilities to support in meeting the City’s standard GPU policy as set forth in the findings of the GPU FEIR. Municipal Code Sections 35-108, 35-110, and 35-111 require that residential development fees be paid for the acquisition, construction, and renovation of park and recreation facilities prior to the issuance of a building permit for any construction which adds net residential units. Thus, the proposed Project would be required to comply with applicable Municipal Code requirements of 2 acres per 1,000 residents, which is less than the GPU policy of 3 acres per 1,000 residents, and/or pay development fees which would be used in part to acquire properties to build new park sites. In order to comply with the GPU policy, the proposed Project would require 27.7 acres of parkland or the dedication of approximately 67.3 percent of the Project site. While the proposed Project would provide approximately 17.21 acres of public and private open space onsite, inclusive of 13.1 acres of publicly accessible open space and facilities, and would comply with applicable Municipal Code requirements, the proposed Project would not provide 27.7 acres of parkland and recreation facilities onsite and would not meet the City of Santa Ana’s performance standard for parkland, either on the site or cumulatively through the availability of parks and recreation facilities citywide. As discussed in the GPU FEIR, the City of Santa Ana is essentially fully built out and there is a lack of available vacant land to develop substantial new parks or expand existing facilities. Therefore, there would be no feasible mitigation measures that would be able to reduce the proposed Project’s contribution to significant impacts related to the City’s unsatisfactory level of resident to parkland ratio. As such, impacts would be significant and unavoidable, which is consistent with the findings of the GPU FEIR (Draft Supplemental EIR at pp. 5.12-5 through 5.1-6). Impact Finding: The Project would result in the increase of the use of existing neighborhood and regional parks or other recreational facilities such that a substantial physical deterioration of the facility would occur or be accelerated (Draft Supplemental EIR at p. 5.12-6). Facts in Support of Findings: As described in the previous finding, the proposed Project would provide 13.1 acres of onsite public parks as a part of the total 17.21 acres of open space and recreation facilities; and would be required to pay applicable fees pursuant to Municipal Code requirements, which would be used to maintain and improve other City parks and recreation facilities. However, as discussed within the GPU FEIR, the City of Santa Ana is currently parkland deficient and is not meeting the GPU policy of 3 acres per 1,000 residents. In addition, with buildout City Council 26 – 124 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 79 CEQA Findings of Fact September 2024 of the GPU, the existing parkland deficiency is expected to increase as additional residential units are constructed with limited parkland increases. Based on the California State Parks information for the Southern California region, the anticipated number of Project residents at full occupancy (9,238 residents), the distance and type of recreational facilities near the Project site, it is anticipated that the proposed Project would generate 1,543 additional park users two or more times per week, 1,275 additional park users about once per week, 1,903 additional park users once or twice per month, 2,254 additional park users several times a year, and 1,395 additional park users once or twice a year that would utilize the 69.8 acres of existing parks within 2 miles of the Project site and the 17.21 acres of parks and recreational facilities within the Project site. As the existing ratio of acreage of parks and recreational facilities to existing City population results in a parkland deficiency of approximately 154.44 acres, development of the proposed Project would continue to result in a deficiency in parkland throughout the City of Santa Ana. The Project proposes to provide approximately 1.4 acres of publicly accessible open space per 1,000 residents, which exceeds the approximately 1.2 acres per 1,000 residents currently existing within the City. Notwithstanding the Project’s provision of public open space in proportion greater than existing currently in the City, it is reasonably foreseeable that the proposed Project would result in the increased use of existing parks and recreational facilities in a manner that results in accelerated substantial physical deterioration of the facility. As such, impacts would be significant and unavoidable, which is consistent with the findings of the GPU FEIR (Draft Supplemental EIR at pp. 5.12-6 through 5.12-8). Impact Finding: The Project would include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment (Draft Supplemental EIR at p. 5.12-8). Facts in Support of Findings: As described above, the proposed Project proposes 17.21 acres of common and private open space and recreation facilities, including 13.1 acres of public open space. The project-level impacts of development of these recreational amenities are considered part of the impacts of the proposed Project as a whole and are analyzed throughout the various sections of this Supplemental EIR. For example, activities such as grading and construction, as required for the park and recreational components of this proposed Project, are analyzed in the Air Quality, Greenhouse Gas Emissions, Noise, and Transportation sections. In addition, the proposed Project would contribute park development fees pursuant to Municipal Code Sections 35-108, 35-110, and 35-111 to be used towards the future expansion or maintenance parks and recreational facilities. However, the proposed Project’s provision of parkland would not meet the 27.7 acres of parkland based on the GPU policy of 3 acres of parkland for every 1,000 residents, either on the site or cumulatively through the availability of parks and recreation facilities citywide. As such, the proposed Project could require the construction or expansion of recreational facilities, the construction of which could result in significant impacts. As such, impacts would be significant and unavoidable, which is consistent with the findings of the GPU FEIR (Draft Supplemental EIR at p. 5.12-8). City Council 26 – 125 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 80 CEQA Findings of Fact September 2024 This page was intentionally left blank. City Council 26 – 126 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 81 CEQA Findings of Fact September 2024 SECTION VI RESOLUTION REGARDING CUMULATIVE IMPACTS The City hereby finds that cumulative impacts have been identified in the Supplemental EIR, and are summarized below. A. Aesthetics The Project proposes a mixed-use infill development located in a TPA on an urban and developed site in the City of Santa Ana, as defined under Public Resources Code section 21099. Thus, the proposed Project’s aesthetic impacts are not considered significant on the environment pursuant to Public Resources Code section 21099. (Draft Supplemental EIR at p. 5.16-7.) As a result, the proposed Project has a less than significant cumulative impact on the visual character and scenic resources within the City. B. Agriculture and Forestry Resources The Project site is developed for urban uses and located in an area that is completely developed for urban uses. The California Department of Conservation Important Farmland mapping identifies the Project site as Urban and Built-Up land (CDC 2023). No areas of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance would be affected by the proposed Project or converted to a non-agricultural use. The Project site is zoned General Commercial (C-2) north of Callen’s Common and Commercial Residential (CR) and General Commercial (C-2) south of Callen’s Common, is not in a Williamson Act contract, and the vicinity is void of agricultural use, forest land, or timberland. (Draft Supplemental EIR at p. 5.16-8.) The Project would have no impact on agriculture and forestry resources. As a result, no cumulative impact would occur. C. Air Quality Per SCAQMD’s methodology, if an individual project would result in air emissions of criteria pollutants that exceeds the SCAQMD’s thresholds for project-specific impacts, then it would also result in a cumulatively considerable net increase of these criteria pollutants. Mitigated emissions from construction would exceed regional thresholds for NOx, and mitigated overlapping construction and operational activities would result in exceedance of regional thresholds for ROG and NOx. Also, mitigated regional operational emissions of ROG would exceed thresholds at buildout of the proposed Project. The large majority of operational-source NOx emissions (by weight) would be generated by vehicle emissions that neither Project applicants nor the City have the ability to reduce. The majority of the proposed Project’s ROG emission exceedances are from use of consumer products that the City cannot control emissions of; and therefore, cannot feasibly be reduced below the SCAQMD thresholds. As a result, NOx and ROG emissions from implementation of the proposed Project would be cumulatively considerable, and cumulative air quality impacts would be significant and unavoidable. (Draft Supplemental EIR at p. 5.1-43.) City Council 26 – 127 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 82 CEQA Findings of Fact September 2024 D. Biological Resources Development of cumulative projects could result in direct take of special-status species, construction and post-construction disturbances, special-status habitat conversion, and/or disruption of wildlife corridors. The Project site is heavily disturbed, graded, and is developed with 16 commercial buildings that are surrounded by paved surfaces, and is located within an urbanized area. No endangered, rare, threatened, or special status plant species (or associated habitats) or wildlife species designated by the U.S. Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW), or California Native Plant Society are known to occur on or adjacent to the site. In addition, there are no riparian habitat or other sensitive natural communities as identified in local or regional plans, policies, or regulations, or by the CDFW or USFWS. The Project site does not contain federally protected wetlands or jurisdictional areas that would be subject to Section 404 of the Clean Water Act, nor does it contain or is adjacent to any wildlife corridors. The proposed Project would therefore have less than significant impacts to biological resources. (Draft Supplemental EIR at pp. 5.16-8 through 5.16-10.) However, as with the proposed Project, all future cumulative development would undergo environmental review on a project-by-project basis, to evaluate potential impacts to biological resources and ensure compliance with the established regulatory framework. As such, cumulative Project impacts on biological resources would be less than significant. E. Cultural Resources Historic Resources: The proposed Project’s contribution to cumulative impacts to historical resources was analyzed in context with past and reasonably foreseeable future projects in the City of Santa Ana and adjacent areas in Costa Mesa that were similarly influenced by the historical agricultural and then commercial and residential uses in the region. The cumulative impacts are evaluated in light of development projections in the City’s GPU and GPU FEIR that evaluates conditions contributing to the cumulative effect and describes that the South Bristol Street Focus Area has a low potential to contain built environment historical resources. The record searches and field surveys indicate that there are no structures on the Project site or adjacent properties that would qualify as historic resources, and no impacts related to historic resources would occur. Therefore, implementation of the proposed Project would have no potential to contribute towards a significant cumulative impact to historical sites and/or resources. Thus, cumulative impacts from the proposed Project would be less than significant. Archaeological Resources: The cumulative study area for archaeological resources includes the Southern California region, which contains the same general prehistoric uses and migration trends as the Project area. The cumulative impacts are evaluated in light of development projections in the City’s GPU and GPU FEIR that evaluate conditions contributing to the cumulative effects to archaeological resources. There is a possibility that ground-disturbing activities during Project construction may uncover or disturb unknown archaeological resources. However, the proposed Project would implement GPU FEIR Mitigation Measures CUL-6 and Project-specific Mitigation Measures CR-1 and CR-2 that would reduce the potential impact to unknown resources to a less than significant level. The likelihood of uncovering multiple currently unknown resources within the Project site that is sufficient to create a significant cumulative impact is low given the built nature of the Project site and City of Santa Ana and few archaeological resources that have been found in City Council 26 – 128 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 83 CEQA Findings of Fact September 2024 the vicinity to date. With compliance with Project-specific mitigation, cumulatively considerable impacts would be less than significant. Disturbance of Human Remains: Mandatory compliance with the provisions of California Health and Safety Code Section 7050.5, Public Resources Code Section 5097 et seq., and CEQA Guidelines Section 15064.5 would assure that the Project, in addition to all development projects, treat human remains that may be uncovered during development activities in accordance with prescribed, respectful, and appropriate practices, thereby avoiding significant cumulative impacts. (Draft Supplemental EIR at p. 5.2-16.) F. Energy The geographic context for analysis of cumulative impacts regarding energy includes past, present, and future development within Southern California because energy supplies (including electricity, natural gas, and petroleum) are generated and distributed throughout the Southern California region. All development projects throughout the region would be required to comply with the energy efficiency standards in the Title 24 requirements. Additionally, some of the developments could provide for additional reductions in energy consumption by use of solar panels, sky lights, or other LEED type energy efficiency infrastructure. With implementation of the existing energy conservation regulations, cumulative electricity and natural gas consumption would not be cumulatively wasteful, inefficient, or unnecessary. Petroleum consumption associated with the proposed mixed uses would be primarily attributable to transportation, especially vehicular use. However, state fuel efficiency standards and alternative fuels policies (per AB 1007 Pavely) would contribute to a reduction in fuel use, and the Federal Energy Independence and Security Act and the State Long Term Energy Efficiency Strategic Plan would reduce reliance on non-renewable energy resources. For these reasons, the consumption of petroleum would not occur in a wasteful, inefficient, or unnecessary manner and would be less than cumulatively considerable. (Draft Supplemental EIR at pp. 5.3-15 through 5.3-16.) G. Geology and Soils For geology and soils, the cumulative study area consists of the area that could be affected by proposed Project activities and the areas affected by other projects whose activities could directly or indirectly affect the geology and soils of the project site. The cumulative impacts are evaluated in light of development projections in the recent City General Plan update and GPU FEIR. Site-specific development projects within Santa Ana and adjacent areas within the City of Costa Mesa are subject to uniform site-development policies and construction standards imposed by the Cities that are based on the state requirements in the CBC and site-specific geotechnical studies prepared to define site-specific conditions that might pose a risk to safety, such as those described previously for the proposed Project. While increases in the number of people and structures subject to unstable geologic units and soils would increase in the proposed Project and with cumulative development, given the application of CBC requirements by the City through the construction permitting process, the cumulative effects would be less than significant. City Council 26 – 129 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 84 CEQA Findings of Fact September 2024 Paleontological Resources: The geographic area of potential cumulative impacts related to paleontological resources includes areas that are underlain by similar geologic units from the same time period, which includes the Orange County region. A cumulative impact could occur if development projects incrementally result in the loss of the same types of unique paleontological resources. As detailed in the City’s GPU FEIR, the City, including the Project site, vary in paleontological sensitivity from low to high sensitivity increasing with depth. However, with incorporation of the GPU FEIR Mitigation Measures GEO-1 through GEO-3 and Project specific Mitigation Measures PALEO-1 through PALEO-5, which require paleontological monitoring and provides procedures for fossil recovery which would preserve the quality and integrity of these resources, avoid them when possible, and salvage and preserve them if avoidance is not possible. These measures would reduce the potential for the proposed Project to result in cumulatively considerable impacts to a less than significant level. Therefore, impacts would be less than cumulatively significant. (Draft Supplemental EIR at pp. 5.4-13 through 5.4-14.) H. Greenhouse Gas Emissions The analysis of GHG emission impacts under CEQA contained in the Supplemental EIR effectively constitutes an analysis of a project’s contribution to the significant cumulative impact of GHG emissions. State CEQA Guidelines Section 15183.5(b) states that compliance with GHG related plans can support a determination that a project’s cumulative effect is not cumulatively considerable. As the proposed Project would be implemented in compliance with applicable plans for the reduction of GHG emissions, detailed previously, the contribution of the proposed Project to significant cumulative GHG impacts would be less than cumulatively considerable. The majority of the proposed Project’s GHG emissions are generated by mobile emissions. The TDM program required by Mitigation Measure AQ-3 would reduce GHG emissions from commuting. Also, because the Project site is located within a TPA and a High Quality Transit Area with direct access to transit, bicycle, and pedestrian facilities, it would reduce VMT and the related GHG emissions. Further, the Project proposes a specific plan that would be consistent with the buildout assumptions and applicable development standards of the GPU. Therefore, impacts related to generation of GHG emissions from the proposed Project would be less than cumulatively significant with mitigation incorporated. In addition, because the proposed Project would not result in a conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs, it would not have the potential to cumulatively combine. Therefore, cumulative impacts related to a conflict with a policy for the purpose of reducing GHG emissions would not occur. (Draft Supplemental EIR at pp. 5.5-26 through 5.5-27.) I. Hazardous and Hazardous Materials The proposed Project’s contribution to cumulative impacts to hazards and hazardous was analyzed in context with past and foreseeably future projects in the City of Santa Ana and adjacent areas in Costa Mesa that are similarly affected by hazardous soil conditions, LUST conditions, asphalt contamination, and asbestos and lead containing building materials. Cumulative redevelopment and land use changes within the City would have the potential to expose future area residents, employees, and visitors to chemical hazards through redevelopment of sites and structures that may be contaminated from either historic or ongoing uses. The severity of potential hazards for individual projects would depend upon the location, type, and size of development and the specific hazards City Council 26 – 130 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 85 CEQA Findings of Fact September 2024 associated with individual sites. The closest cumulative development project is located across Bristol Street at the southeast corner of Bristol Street and MacArthur Boulevard, approximately 129 feet from the Project site. The cumulative project across Bristol Street is a renovation of the existing Chick-Fil-A restaurant and would not include extensive redevelopment of the area. It is unlikely that similar construction activities involving hazardous materials would occur simultaneously that could have the potential to cumulatively contribute to an impact. All hazardous materials users and transporters, as well as hazardous waste generators and disposers are subject to regulations that require proper transport, handling, use, storage, and disposal of such materials to ensure public safety, which are verified by the City during the construction and development permitting process. Thus, if hazardous materials are found to be present on present or future project sites appropriate remediation activities would be required pursuant to standard federal, state, and regional regulations. Mitigation Measure HAZ-1 would be implemented to ensure that hazardous soil from the site would be handled and disposed of pursuant to existing regulations, which would reduce the potential of the proposed Project to result in a hazard that could cumulatively combine. Further, compliance with the relevant federal, state, and local regulations during the construction and operation of related projects would ensure that cumulative impacts from hazardous materials and emergency response/evacuation would be less than significant. (Draft Supplemental EIR at p. 5.6- 29.) J. Hydrology and Water Quality Water Quality: The geographic scope for cumulative impacts related to hydrology and water quality includes the Santa Ana Watershed and the Newport Back Bay because cumulative projects and developments pursuant to the proposed Project could incrementally exacerbate the existing impaired conditions and could result in new pollutant related impairments. Related developments within the watershed would be required to implement water quality control measures pursuant to the same NPDES General Construction Permit that requires implementation of a SWPPP (for construction), a WQMP (for operation) and BMPs to eliminate or reduce the discharge of pollutants in stormwater discharges, reduce runoff, reduce erosion and sedimentation, and increase filtration and infiltration, in areas permitted. The NPDES permit requirements have been set by the State Water Board and implemented by the RWQCB and the Orange County DAMP to reduce incremental effects of individual projects so that they would not become cumulatively considerable. Therefore, overall potential impacts to water quality associated with present and future development in the watershed would not be cumulatively considerable with compliance with all applicable laws, permits, ordinances and plans. As detailed previously, the proposed Project would be implemented in compliance with all regulations, as would be verified during the permitting process. Therefore, cumulative impacts related to water quality would be less than significant. Drainage: The geographic scope for cumulative impacts related to stormwater drainage includes the geographic area served by the existing stormwater infrastructure for the Project area, from capture of runoff through final discharge points. The proposed Project would result in a reduction in storm water runoff and includes installation of vegetated biotreatment systems that would filter and discharge runoff through storm drain connections to the offsite drainage infrastructure. The vegetated biotreatment systems would retain runoff and control drainage, pursuant to the required design storm. As a result, the proposed Project would not generate runoff that could combine with additional runoff from cumulative projects that could cumulatively combine to impact drainage. Thus, cumulative impacts related to drainage would be less than significant. City Council 26 – 131 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 86 CEQA Findings of Fact September 2024 Groundwater Basin: The geographic scope for cumulative impacts related to the groundwater basin is the Orange County Basin. The cumulative impacts are evaluated in light of development projections in the recent City General Plan update and GPU FEIR that evaluates conditions contributing to the cumulative effects to the groundwater basin. The volume of water that would be needed by the proposed Project is within the anticipated groundwater pumping volumes. Therefore, the proposed Project would not result in changes to the projected groundwater pumping that would decrease groundwater supplies. As a result, the proposed Project would not generate impacts related to the groundwater basin that have the potential to combine with effects from other projects to become cumulatively considerable. Therefore, cumulative impacts related to the groundwater basin would be less than significant. (Draft Supplemental EIR at pp. 5.7-18 through 5.7-19.) K. Land Use and Planning The cumulative study area for land use and planning includes the City of Santa Ana and nearby areas in the City of Costa Mesa. The vicinity of the Project site includes numerous projects within the City of Santa Ana and City of Costa Mesa. A large portion of these projects consist of multi-family residential, commercial, and office developments; which are similar, consistent, and complementary to the proposed Specific Plan mixed-use development. The proposed Project would not physically divide an established community. Therefore, the proposed Project would not have the potential to have a cumulatively considerable impact related to physically dividing communities. Also, the proposed Project would implement the GPU land use designation of the Project site and South Bristol Street Focus Area objectives. The site is located within a TPA and a High-Quality Transit Corridor, and the proposed Project is consistent with the SCAG’s 2020 Connect RTP/SCS. The proposed Project is consistent with the SNA AELUP policies. Also, the proposed Project is consistent with all of the relevant GPU goals and policies. Furthermore, the proposed zone change would provide consistency with the existing GPU land use designation and focus area development objectives. Because the proposed Project would implement the GPU and would not result in conflicts with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the proposed Project, which has the purpose of avoiding or mitigating an environmental effect, the proposed Project would not cumulatively contribute to such an impact that could occur from related projects. As a result, cumulative impacts related to land use and planning from the proposed Project would not be cumulatively considerable. (Draft Supplemental EIR at p. 5.8-48.) L. Mineral Resources The Project would have an impact on mineral resources because there are no known mineral resources present on the Project site nor is the Project site located within an area known to contain locally important mineral resources. (Draft Supplemental EIR at p. 5.6-10.) No cumulative impacts would occur. M. Noise Cumulative noise assessment considers development of the proposed Project in combination with ambient growth and other development projects within the vicinity of the proposed Project. As noise is a localized phenomenon, and drastically reduces in magnitude as distance from the source City Council 26 – 132 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 87 CEQA Findings of Fact September 2024 increases, only projects and ambient growth in the nearby area could combine with the proposed Project to result in cumulative noise impacts. Development of the proposed Project in combination with the related projects would result in an increase in construction-related and traffic-related noise. However, each of the related projects would be subject to the operational noise standards established in Section 18-313 of the City’s Municipal Code, which establishes the allowable exterior noise standards for various types of land uses in the City. In addition, Section 18-314 of the City’s Municipal Code allows for construction activities to be exempt from the noise standards set forth in Sections 18-312 and 18-313 of the City’s Municipal Code as long as these activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or anytime on Sunday or a federal holiday. In addition, the City of Tustin has a similar municipal code requirement related to construction noise. Construction noise is localized in nature and decreases substantially with distance. Consequently, in order to achieve a substantial cumulative increase in construction noise levels, more than one source emitting high levels of construction noise would need to be in close proximity to the proposed Project. The nearest development projects to the Project site include the South Coast Village Mixed-Use project that is adjacent to the southwest of the Project site and the Chick-Fil-A expansion project that is across Bristol Street to the northeast of the Project site. The Chick-Fil-A expansion project is currently in plan check and completion of construction of that project would likely be completed by the time construction of Phase 1 of the proposed Project commences. The South Coast Village Mixed- Use project is still in the early stages of entitlement. Therefore, there is potential that construction of the South Coast Village Mixed-Use project overlaps with construction of Phase 1 of the proposed Project. However, due to the size of the Project site, varying locations onsite where construction would occur, and the limited offsite construction noise levels that would be generated from the proposed Project, it would not combine to become cumulatively considerable, and cumulative noise impacts associated with construction activities would be less than significant. Cumulative construction could also result in the exposure of people to or the generation of excessive groundborne vibration. The proposed Project would result in limited vibration at 25 and 50 feet from construction activities. Due the rapid attenuation of groundborne vibration, the size of the Project site, and the location of the nearest project and limited potential for overlapping construction, the proposed Project would not result in vibration that could combine with other development projects. Thus, the proposed Project would not contribute to cumulative vibration impacts and impacts would be less than significant. Stationary noise sources that would be generated by the proposed Project would result in noise levels that would be below the existing City noise standards. Because the Project site is surrounded by roadways and proposed buildings and parking structures are setback from roadways, noise from the site would attenuate to diminish, and would not combine with other stationary sources of adjacent uses. Thus, stationary noise sources from the proposed Project would result in impacts that are less than cumulatively significant. Cumulative mobile source noise impacts would occur primarily as a result of increased traffic on local roadways due to the proposed Project and related projects within the study area. Therefore, cumulative traffic-generated noise impacts have been assessed based on the contribution of the proposed Project in the Project buildout condition. Cumulative increases in traffic noise levels were estimated by comparing the existing and Project buildout without and with Project scenarios. The City Council 26 – 133 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 88 CEQA Findings of Fact September 2024 volume of traffic generated by the proposed Project on MacArthur Boulevard, between SR-55 SB Ramps and SR-55 NB Ramps, would exceed 1.5 dBA for an ambient noise environment of 65 dBA and higher when comparing Year 2045 With proposed Project conditions to existing conditions. However, the proposed Project’s incremental contribution would be 0.1 dBA (i.e., far below a 3.0 barely perceptible increase and below the City’s 1.5 dBA increase). Therefore, although related cumulative projects and growth would increase traffic noise levels along this segment, the proposed Project’s incremental effects would be less than cumulatively significant. The GPU FEIR identified significant and unavoidable impacts for traffic noise; but did not analyze this segment of MacArthur Boulevard. However, GPU FEIR Figure 5.12-5 and Figure 5.12-10 show that this segment of MacArthur Boulevard (between SR-55 SB Ramps and SR-55 NB Ramps) is also within the 70+ dBA contour of SR-55). Therefore, the year 2045 noise level of 69.3 dBA would be lower than the SR-55 traffic noise in this area. Overall, cumulative operational noise impacts from related projects, in conjunction with noise from the proposed Project would not be cumulatively considerable and cumulative traffic noise impacts would be less than significant. (Draft Supplemental EIR at pp. 5.9-32 through 5.9-36.) N. Population and Housing The geographic area in which cumulative impacts to population and housing would occur is the City of Santa Ana, and summary of projections utilized in this analysis of cumulative population and housing impacts is from the summary of the GPU Land Use Element and GPU Final EIR, which evaluates conditions contributing to the cumulative population and housing growth effects. Implementation of the proposed Project would result in 3,750 additional multi-family residential units and 200 senior living/continuum of care units, as well as 350,000 SF of retail uses and a 250- room hotel. The proposed residential units are within the GPU planned increase in residential units within the South Bristol Street Focus Area. The estimated 9,238 residents at buildout and complete occupancy (a conservative estimate as vacancy in the City is 3.5 percent) would be 48 percent of the GPU FEIR estimated buildout for the South Bristol Street Focus Area, and the 1,092 jobs would consist of 148 percent of the anticipated growth in jobs within the South Bristol Street Focus Area. Hence, the increase in population and housing that would occur from the proposed Project would not exceed those anticipated from buildout of the GPU, as identified in with the GPU Final EIR. Development of the proposed Project in combination with other development projects in the vicinity would result in a cumulative increase in population. However, the proposed Project’s portion of the cumulative increase is within those anticipated by the GPU Final EIR. Thus, the proposed Project would not generate any new or increased cumulative impacts related to population and housing. The addition of housing within the Project area would have a favorable effect on the jobs-housing balance, which could reduce environmental effects of long commute trips, such as air quality and greenhouse gas emissions. Also, infrastructure improvements to accommodate the proposed development on the Project site are based on the GPU development assumptions for the site. As a result, no extension of infrastructure would occur that could induce cumulative growth beyond that assumed with buildout of the GPU. Furthermore, infrastructure upgrades and extensions that may be included in related projects would not affect or be related to the proposed Project. Therefore, proposed Project impacts are less than cumulatively considerable, and therefore, less than significant. (Draft Supplemental EIR at pp. 5.10-11 through 5.10-12.) City Council 26 – 134 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 89 CEQA Findings of Fact September 2024 O. Public Services Fire Protection Service: The geographic context for cumulative fire protection and emergency services is the OCFA service area within the City of Santa Ana because the City owns and maintains the 10 existing fire stations within the City. Staffing of the fire stations is done through contracting with OCFA. Thus, augmenting the existing fire station facilities, equipment, and staffing is under the jurisdiction of the City. Like the proposed Project, buildout of the City pursuant to the GPU would involve redevelopment of existing lands for more intensive uses; and the projects would be reviewed by City and OCFA staff prior to permit approval to ensure that the projects implement fire protection design features per California building and fire code regulations that would reduce potential fire hazards. Cumulative increased demands for services would also be offset by the City of Santa Ana fire facilities fee that is required for each city development project. There are ten cumulative projects within Santa Ana in the Project vicinity that would combine to generate additional demands for OCFA services from the six City-owned fire stations located within approximately 4 miles of the Project site, including Stations 76 and 77 that are firstand second responding stations to the Project site. Four of the ten other projects include multi-family housing. The four other residential projects are anticipated to provide a total of 2,088 new residential units. Because six of the City’s ten existing fire stations are located approximately 4 miles of the Project site, and related projects would be subject to the same impact fees that provide funding for additional equipment and staffing, and fire safe construction requirements, impacts related to fire services from the proposed Project would not combine with other related projects to result in a cumulative impact related to the need for new or physically altered fire service facilities. Further, as disclosed in the GPU FEIR, fire vehicles, staff, equipment, and expansion of existing facilities would be funded by the 10-year cash contract with OCFA that is valid until 2030 and buildout pursuant to the GPU would result in less than significant impacts to fire protection services. Therefore, cumulative impacts associated with fire services would be less than cumulatively considerable. (Draft Supplemental EIR at pp. 5.11-6 through 5.11-7.) Police Services: The geographic context for cumulative police services is the area served by the City of Santa Ana Police Department. The proposed Project would result in an incremental increase in demands on law enforcement services and based on the Police Department’s 2022 staffing of 0.98 officers per thousand population, the proposed Project would require approximately 9 additional officers based on buildout of the proposed Project. These additional officers would be accommodated by the proposed administrative Police Department substation on the site. Table 5-1 of the Draft Supplemental EIR lists projects within the Police Department’s Southcoast District that would be served by the same Police Department patrol staffing. Because the proposed Project includes an administrative Police Department substation facility and payment of development impact fees, as required for all development projects, it would provide facilities to accommodate police protection demands from Project residents and residents in the vicinity of the proposed Project, including residents of other cumulative projects. The expansion of police services is funded by business taxes, property taxes, sales taxes, and utility users’ taxes that are generated by each development within the City. Additional Police Department personnel and associated equipment are provided through City’s the annual budget review process. Because the proposed Project would provide an administrative Police Department substation on the City Council 26 – 135 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 90 CEQA Findings of Fact September 2024 site and generate fees for future needed Police Department personnel and equipment, the law enforcement service-related impacts from the proposed Project would not combine with other related projects to result in a cumulatively considerable impact. The proposed Project would not combine with other development projects to require expansion or construction of new police facilities, which could result in a significant environmental effect. Therefore, cumulative impacts associated with police services would be less than significant, which would be consistent with the findings of the GPU FEIR. (Draft Supplemental EIR at p. 5.11-13.) School Services: The geographic context for cumulative impacts to schools is the Santa Ana Unified School District boundaries. The proposed Project and other development within the Santa Ana Unified School District could generate additional students resulting in the need to expand or construct new schools. At buildout, the proposed Project could generate approximately 1,678 additional students that would be accommodated by the existing schools with additional capacity available for cumulative projects. The attendance boundaries of Jefferson Elementary, McFadden Intermediate, Segerstrom High School include areas anticipating several multi-family residential development projects that are anticipated to generate additional students within the attendance boundaries of these schools. Thus, the proposed Project in combination with related projects would result in the exceedance of capacity at a minimum of two school facilities. Expansion of existing facilities are planned at both schools, and some of the existing and/or future students could transfer to other schools within the school district that have some capacity; however, one or more school facilities within the Santa Ana Unified School District may be over capacity with implementation of the proposed Project in combination with related projects. However, the state provided authority for school districts to assess impact fees for both residential and non-residential development projects. Fees collected in accordance with Government Code Section 65995(b) allow the Santa Ana Unified School District to plan and construct for future growth. Furthermore, the payment of those fees constitutes full mitigation for the impacts generated by new development, per Government Code Section 65995, which would reduce potential impacts related to the projects cumulative school service impacts to a less than significant level, which is consistent with the findings of the GPU FEIR. (Draft Supplemental EIR at p. 5.11-17.) Library Services: The geographic scope for cumulative library services is the City of Santa Ana, which is the area served by the existing City libraries. As described previously, library service needs have changed with resources being available online and the availability of high-speed internet services in residences, residential amenity areas, and commercial locations. Therefore, new development, such as the proposed Project, results in a limited need for library resources/services or square footage of library space. Although demand for library services may incrementally increase as cumulative development occurs through implementation of the GPU as discussed in the GPU FEIR, library use has declined due to the availability of online library materials and may continue to decline as the information available on the Internet increases exponentially over time (AEI, 2022). Thus, the combined effect of the proposed Project’s impacts related to libraries would not result in the need for a new or expanded library, the construction of which could result in significant impacts. Therefore, impacts from cumulative impacts associated with library services would be less than significant. (Draft Supplemental EIR at pp. 5.11-20 through 5.11-21.) City Council 26 – 136 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 91 CEQA Findings of Fact September 2024 P. Recreation The cumulative area of recreation impacts for the proposed Project includes the City of Santa Ana. The City currently has approximately 1.2 acres of public park and/or recreational space per every 1,000 residents which is below the City’s GPU policy parkland standard of 3 acres of parkland per 1,000 residents. Based on 3 acres of public park and/or recreational space per 1,000 residents, buildout of the proposed Project results in a need for approximately 27.7 acres of parkland to serve the 9,238 new residents of the Project site. The 13.1-acres of public parks provided onsite would be approximately 14.6 acres less than the 27.7 acres of public parkland required, and the overall provision of 17.21 acres of common or private open space would be 10.49 acres less than the City’s parkland standard. Therefore, the proposed Project would exacerbate the existing citywide parkland deficiency. Although the proposed Project and cumulative projects would be required to provide park and recreational facilities and/or pay in- lieu fees as required by the municipal code, there is a lack of available land to develop new parks or expand existing facilities and the proposed Project’s impacts related to the amount of parkland within the City would be cumulatively considerable and cumulative impacts related to parks and recreational facilities would be significant. (Draft Supplemental EIR at pp. 5.12-8 through 5.12-9.) Q. Transportation The cumulative traffic study area for the proposed Project includes the City of Santa Ana and the information utilized in this cumulative analysis is based on the potential to combine with impacts from projects in the vicinity of the proposed Project, and projections contained within the Santa Ana GPU and Orange County Transportation Analysis Model (OCTAM). Circulation System The proposed Project would connect to the existing circulation system and implement the City’s traffic engineering design standards. In addition, the proposed Project would provide new facilities to enhance the use of public transit, pedestrian, and bicycle mobility; and would not conflict with a plan, ordinance, or policy addressing circulation. Because the proposed Project would enhance facilities consistent with existing plans, it would not result in a cumulatively considerable impact. In addition, cumulative development in the City and surrounding jurisdictions would be subject to site- specific reviews, including reviews of sidewalk, bike lane, and bus stop designs that would not allow potential cumulatively considerable impacts related to alternative transportation. Therefore, the proposed Project would not cumulatively combine with other projects to result in impacts. Vehicle Miles Traveled The cumulative traffic study area for the proposed Project includes the City of Santa Ana. Pursuant to the City’s Traffic Impact Study Guidelines, a cumulative impact could occur if the proposed Project has the potential to increase the average VMT per service population of the City and is based on the projections provided in the City’s GPU and GPU FEIR. The Project site is located within a SCAG High Quality Transit Area and a Transit Priority Area, adjacent to seven OCTA bus stops, including a high quality bus stop for OCTA Route 57. Based on City, OPR, and CEQA Guidelines screening criteria, the proposed Project would not result in increasing the average VMT per service population of the City. Therefore, VMT impacts from the proposed Project would not be cumulatively considerable. In addition, as detailed previously, the proposed Project would implement a mix of complementary onsite uses that would reduce the need for traveling outside of the Project site and would implement a multi-modal circulation system of sidewalks, bicycle lanes, and transit that is City Council 26 – 137 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 92 CEQA Findings of Fact September 2024 intended to reduce VMT, which would also result in a less than cumulatively significant impact related to VMT. This finding is consistent with the GPU FEIR determination that VMT impacts would be less than significant from buildout of the GPU land use plan. Design and Emergency Access Hazards The proposed Project would not result in impacts related to incompatible uses, hazards due to roadway design, or emergency access. The proposed circulation layout would be required to be installed in conformance with City design standards that would be ensured through the City’s development permitting process to provide that no potentially hazardous design features or inadequate emergency access would be introduced by the proposed Project that could combine with potential hazards from other nearby projects. As the Project’s proposed improvements would be implemented in compliance with City traffic engineering standards and OCFA design standards, it would not result in an impact that could become cumulatively considerable. In addition, cumulative development in the City and surrounding jurisdictions would be subject to site-specific reviews, including reviews by building and fire protection authorities that would require compliance with existing building and fire code standards that limit the potential of other projects to result in cumulatively considerable design hazards. Therefore, potential impacts related to circulation design features and emergency access would not be cumulatively considerable. (Draft Supplemental EIR at pp. 5.13-24 through 5.13-25.) R. Tribal Cultural Resources The cumulative study area for tribal cultural resources includes the Southern California region, which contains the same general tribal historic setting of the Gabrieleño and Juaneno Tribes. Other projects in the vicinity of the proposed Project would involve ground disturbances that could reveal buried TCRs. Cumulative impacts to TCRs would be reduced by compliance with applicable regulations and consultations required by SB 18 and AB 52. The Project site and vicinity is not known to contain TCRs; however, Mitigation Measure TCR-1 would be implemented to ensure that impacts would not occur in the case of an inadvertent discovery of a potential TCR. This mitigation measure would ensure that the proposed Project would not contribute to a cumulative loss of TCRs. Therefore, cumulative impacts would be less than significant. (Draft Supplemental EIR at p. 5.14-8.) (Draft Supplemental EIR at p. 5.14-8.) S. Utilities and Service Systems Water: Cumulative water supply impacts are considered on a citywide basis and are associated with the capacity of the infrastructure system and the adequacy of the City’s infrastructure and primary sources of water that include groundwater pumped through City wells, deliveries of imported water from MWD, and recycled water from OCWD. Potential impacts related to water supply and infrastructure are based on the projections contained within the City’s GPU, GPU FEIR, 2015 UWMP, and 2020 UWMP. During construction of the proposed Project new water mains would be installed to serve the proposed buildings and landscaping, which would connect to improved offsite water mains that are adjacent to the Project site. The onsite water system has been designed for the proposed Project and would be served by existing and improved offsite infrastructure. The City requires that all City Council 26 – 138 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 93 CEQA Findings of Fact September 2024 water system improvements be confirmed through hydraulic studies to confirm compliance with engineering standards, and ensure that cumulative impacts do not occur. The WSA that was prepared for the proposed Project describes that the 2020 MWD UWMP details the ability to meet the demands of its member agencies, including the City of Santa Ana, through 2045. In addition, the City of Santa Ana 2015 UWMP, GPU FEIR, and 2020 UWMP confirmed the ability of the City to meet water needs in multiple dry year scenarios with buildout of the South Bristol Street Focus Area. Thus, the City would have water supplies available to serve the proposed Project and reasonably foreseeable development in normal, dry, or multiple dry years. Impacts related to a cumulatively considerable increase in water supply demands would be less than significant. (Draft Supplemental EIR at p. 5.15-12.) Wastewater: Cumulative wastewater infrastructure impacts are considered on a systemwide basis and are associated with the overall capacity of existing and planned infrastructure. The cumulative system evaluated includes the sewer system that serves the Project site and conveys wastewater to the OCSD wastewater treatment and disposal system. With the proposed Project, the sewer system would have sufficient capacity to handle the increased flows resulting from implementation of the proposed Project. The continued regular assessment, maintenance, and upgrades of the sewer system by the City and OCSD would reduce the potential of cumulative development projects to result in a cumulatively substantial increase in wastewater such that new or expanded facilities would be required. Thus, increases in wastewater in the sewer system would result in a less than significant cumulative impact. (Draft Supplemental EIR at p. 5.15- 16.) Drainage: The geographic scope for cumulative impacts related to stormwater drainage includes the geographic area served by the existing stormwater infrastructure for the Project area, from capture of runoff through final discharge points. The proposed Project would result in a reduction in stormwater runoff from the Project site. As a result, the proposed Project would not generate additional runoff that could combine with runoff from cumulative projects that could cumulatively combine to impact drainage. Thus, cumulative impacts related to drainage would be less than significant. (Draft Supplemental EIR at p. 5.15-21.) Solid Waste: The geographic scope of cumulative analysis for landfill capacity is the service area for the Frank Bowerman Sanitary Landfill, which serves the Project area. The projections of future landfill capacity based on the entire projected waste stream going to these landfills is used for cumulative impact analysis. As described previously, the Frank Bowerman Sanitary Landfill has a maximum permitted capacity of 11,500 tons per day and in March 2023 had a maximum disposal of 8,909 tons and a remaining capacity of 2,591 tons per day (CalRecycle 2023). The 124.24 tons of solid waste per week from operation of the proposed Project would be 4.8 percent of the remaining daily capacity of the landfill. Due to this small percentage, the increase in solid waste from the proposed Project would be less than cumulatively considerable and would be less than significant. (Draft Supplemental EIR at pp. 5.15-24 through 5.15.-25.) City Council 26 – 139 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 94 CEQA Findings of Fact September 2024 T. Wildfire According to the CAL FIRE Fire Hazard Severity Zone map, the Project site is not within an area identified as a Fire Hazard Area that may contain substantial fire risk or a Very High Fire Hazard Severity Zone (VHFHSZ) (Cal Fire 2023). The Project site and surrounding area are currently developed, and therefore lack the combustible materials and vegetation necessary for the uncontrollable spread of a wildfire. The proposed Project would not substantially impair an adopted emergency response plan or emergency evacuation plan, or exacerbate wildfire risks. The Project does not require the installation or maintenance of associated infrastructure that would exacerbate fire risk or that would result in impacts to the environment. (Draft Supplemental EIR at pp. 5.16-10 through 5.16-11.) Thus, the Project would have less than significant impacts on wildfire risks, and no cumulative impacts would occur. City Council 26 – 140 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 95 CEQA Findings of Fact September 2024 SECTION VII RESOLUTION REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES Section 15126.2(c) of the CEQA Guidelines requires that an EIR discuss “any significant irreversible environmental changes which would be involved in the proposed action should it be implemented.” Generally, a project would result in significant irreversible environmental changes if one of the following scenarios is involved: • The project would involve a large commitment of nonrenewable resources. • Irreversible damage can result from environmental accidents associated with the project. • The proposed consumption of resources is not justified (e.g., the Project results in the wasteful use of energy). The Project would result in or contribute to the following irreversible environmental changes: • Lands in the Project area that are currently developed with commercial uses would be re- committed to multi-family residential and commercial retail uses once the proposed buildings are constructed. Secondary effects associated with this irreversible commitment of land resources include: o Increased vehicle miles traveled on area roadways (Draft Supplemental EIR Section 5.13, Transportation). o Emissions of air pollutants and greenhouse gas emissions associated with Project construction and operation (Draft Supplemental EIR Section 5.1, Air Quality). o Consumption of non-renewable energy associated with construction and operation of the proposed Project due to the use of automobiles, lighting, heating and cooling systems, appliances, and the like (Draft Supplemental EIR Section 5.3, Energy). o Increased ambient noise associated with an increase in activities and traffic from the Project (Draft Supplemental EIR Section 5.9, Noise). In regard to energy usage from the proposed Project, as demonstrated in the analyses contained in Draft Supplemental EIR Section 5.3, Energy, the proposed Project would not involve wasteful or unjustifiable use of non-renewable resources, and conservation efforts would be enforced during construction and operation of proposed development. The proposed development would incorporate energy-generating and conserving project design features, including those required by the California Building Code, California Energy Code Title 24, which specify green building standards for new developments. (Draft Supplemental EIR, pp. 5.16-6 through 5.16-7.) City Council 26 – 141 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 96 CEQA Findings of Fact September 2024 This page was intentionally left blank. City Council 26 – 142 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 97 CEQA Findings of Fact September 2024 SECTION VIII RESOLUTION REGARDING GROWTH-INDUCING IMPACTS AND COMMITMENT OF RESOURCES Draft Supplemental EIR Section 5.16, Mandatory Findings of Significance, evaluates the potential for the proposed Project to affect economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Employment Related Growth As detailed in Draft Supplemental EIR Section 5.10, Population and Housing, the Project is anticipated to generate approximately 1,092 employees at full occupancy, which would be approximately 14 percent of the GPU projected increase in employment from buildout of the South Bristol Street Focus Area. Therefore, employment growth from buildout of the proposed Project would not exceed the growth identified in the GPU Final EIR, and impacts related to employment growth would be less than significant (Draft Supplemental EIR, pp. 5.10-8 through 5.16-9) Infrastructure Obstacles to Growth The proposed Project would redevelop the existing onsite infrastructure systems and provide an offsite sewer line improvement that would connect to the existing offsite systems that currently serve the Project site. The new infrastructure would not provide additional capacity beyond what is needed to serve the proposed Project. In addition, because the Project is within a developed area that is receiving services from existing infrastructure and would connect to the existing infrastructure, development of the proposed Project would not result in an expansion of overall capacity, extension of infrastructure, or provision of services in areas or an unserved area. Therefore, infrastructure improvements would not result in significant growth inducing impacts (Draft Supplemental EIR, pp. 5.10-10 through 5.16-11) Land Development Regulation Obstacles to Growth The proposed Project includes amendments to the zoning code to allow for the redevelopment of the site to provide the proposed mixed-use development. The Project includes a proposed zoning change from Regional Commercial (C-2) and General Commercial (CR) to the Related Bristol Specific Plan District which would also provide specific development regulations for the mixed-use Project. The proposed Project is redevelopment of an already developed area that has been used for urban uses since 1972 and is surrounded by urban development or areas planned for urban development. The proposed Project would involve a change to development regulations and would result in onsite residents and additional onsite employees. However, the zoning change is parcel specific and would result in growth that is consistent with the General Plan. Thus, changes to the Project site’s zoning designation would not result in removing an obstacle to growth within the Project vicinity. City Council 26 – 143 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 98 CEQA Findings of Fact September 2024 In addition, the Project’s consistency with SCAG policies regarding regional growth-inducement are evaluated in Draft Supplemental EIR Section 5.8, Land Use and Planning, and Section 5.10, Population and Housing. As described in those sections, the growth anticipated by SCAG’s projections are consistent with the increases in population (9,238 residents) and employees (1,092 employees) anticipated at full capacity of the Project. Therefore, impacts related to growth from changes in existing regulations pertaining to land development would be less than significant (Draft Supplemental EIR, pp. 5.8-20 through 5.8-43 and 5.10-10 through 5.10-11) Public Service Obstacles to Growth The proposed Project is expected to incrementally increase the demand for fire protection and emergency response, police protection, and school services. However, as described in Draft Supplemental EIR Section 5.11, Public Services, the proposed Project would not require development of additional facilities or expansion of existing facilities to maintain existing levels of service. The Project would develop a police substation that would be able to accommodate the 9 additional officers required for the development. The proposed substation is analyzed as part of the proposed Project and would not result in any substantial impacts beyond those identified in the Draft Supplemental EIR associated with the construction and operation of the proposed Project. Therefore, an indirect growth inducing impact as a result of expanded or new public facilities that could support other development in addition to the proposed Project would not occur. The proposed Project would not have significant growth inducing consequences that would require the need to expand public services to maintain desired levels of service (Draft Supplemental EIR, pp. 5.11-5 through 5.11-20) Other Activities Related to Growth The proposed Project involves amendments to the City of Santa Ana Zoning Ordinance, but those amendments are specific to the allowable land uses on the Project site itself. The proposed Project does not propose changes to any of the City’s building safety standards (i.e., building, grading, plumbing, mechanical, electrical, or fire codes). The Project would comply with all applicable City plans, policies, and ordinances. In addition, Project features and mitigation measures have been identified within the Draft Supplemental EIR to ensure that the Project minimizes environmental impacts. The Project would not involve any precedent-setting action that could encourage and facilitate other activities that significantly affect the environment. Impacts of Growth All physical environmental effects from construction of development of the proposed Project have been analyzed in the Draft Supplemental EIR. For example, activities such as excavation, grading, and construction as required for the proposed mixed uses were analyzed in the Draft Supplemental EIR Sections 5.1, Air Quality, 5.6, Hazards and Hazardous Materials, and 5.9, Noise. Therefore, construction of the proposed Project has been analyzed in the Draft Supplemental EIR and would be adequately mitigated either through implementation of existing regulations and/or mitigation measures. The surrounding area is already urbanized and there is not many opportunities for additional growth. Further, the proposed infrastructure is only sized to serve the Project site or consistent with the City’s infrastructure plans and would not have capacity to serve additional City Council 26 – 144 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 99 CEQA Findings of Fact September 2024 development projects in the area. The Project would not individually or cumulatively encourage or facilitate substantial growth. Based on the foregoing analysis, the Project would not directly or indirectly result in substantial, adverse growth-inducing impacts. (Draft Supplemental EIR, pp. 5.16- 2 through 5.16-6.) City Council 26 – 145 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 100 CEQA Findings of Fact September 2024 This page was intentionally left blank. City Council 26 – 146 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 101 CEQA Findings of Fact September 2024 SECTION IX RESOLUTION REGARDING ALTERNATIVES The City of Santa Ana hereby declares that it has considered and rejected as infeasible the alternatives identified in the Supplemental EIR and described below. Section 15126.6 of the State CEQA Guidelines requires an EIR to describe a range of reasonable alternatives to the Project, or to the location of the Project, which could feasibly achieve most of its basic objectives, but would avoid or substantially lessen any of the significant effects identified in the EIR analysis. An EIR is not required to consider every conceivable alternative to a proposed project. Rather, an EIR must consider a reasonable range of alternatives that are potentially feasible; an EIR is not required to consider alternatives that are infeasible. In addition, an EIR should evaluate the comparative merits of the alternatives. Therefore, this section sets forth the potential alternatives to the Project analyzed in the Supplemental EIR and evaluates them in light of the objectives of the Project, as required by CEQA. Objectives The following objectives have been identified in order to aid decision makers in their review of the proposed Project and its associated environmental impacts. • Implement the vision and objectives established in the City of Santa Ana General Plan for the South Bristol Street Focus Area to create a southern gateway to the City. The South Bristol Street Focus Area objectives: o Capitalize on the success of the South Coast Metro area; o Introduce mixed-use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit oriented; o Realize an intense, multi-story presence along the Bristol Street corridor; and o Provide for mixed-use opportunities while protecting adjacent, established low density neighborhoods. • Allow for the flexible redevelopment of the underutilized Project site to provide a balanced mix of residential, retail, and hospitality uses in the South Bristol Street Focus Area that integrate into the existing urban systems and provide a safe and attractive environment for living and working, as encouraged by the GPU. • Transform an auto-oriented shopping plaza with large surface parking areas to a community which maximizes opportunities for onsite open space which can be accomplished through the provision of subsurface shared parking and intensity of land use permitted by the General Plan. • Develop high quality residential spaces that reflect modern lifestyles, while responding to the need for additional housing at a higher density in an area of the City planned for growth. • Develop a project with a mix of land uses that stimulate economic activity, commerce, and new housing opportunities in the South Bristol Street Focus Area. City Council 26 – 147 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 102 CEQA Findings of Fact September 2024 • Have a positive contribution to the local economy through new capital investment, the creation of new jobs, and the expansion of the tax base. • Create a walkable mixed-use development to encourage and enhance pedestrian activity within the Specific Plan area and the local community. • Enhance non-vehicular activity by providing onsite and offsite pedestrian and bicycle facilities that link with existing facilities and transit services. • Improve existing infrastructure to support the Related Bristol Specific Plan consistent with the General Plan conditions. • Provide a project that contributes to the creation of a vibrant urban core for the City and takes advantage of the site’s location within the South Coast Metro area. Provide a project that contains vibrant and attractive community amenities, recreational and open space areas, and gathering spaces that are directly accessible to residents and the community. • Provide community benefits commensurate with the Specific Plan development proposal including public open space onsite and locations for public community events, as well as streetscape improvements along the Project site frontages of MacArthur Boulevard, Bristol Street, Sunflower Avenue and South Plaza Drive. Alternatives Key provisions of the State CEQA Guidelines relating to the alternatives analysis (Section 15126.6 et seq.) are summarized below: • The discussion of alternatives shall focus on alternatives to the Project or its location that are capable of avoiding or substantially lessening any significant effects of the Project, even if these alternatives would impede to some degree the attainment of the Project objectives or would be more-costly. • The “No Project” alternative shall be evaluated along with its impact. The “No Project” analysis shall discuss the existing conditions, as well as what would be reasonably expected to occur in the foreseeable future if the Project is not approved. • The range of alternatives required in an EIR is governed by a “rule of reason”; therefore, the EIR must evaluate only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the Project. • For alternative locations, only locations that would avoid or substantially lessen any of the significant effects of the Project need be considered for inclusion in the EIR. • An EIR need not consider an alternative whose effects cannot be reasonably ascertained and whose implementation is remote and speculative. Rationale for Selecting Potentially Feasible Alternatives The alternatives must include a no-project alternative and a range of reasonable alternatives to the Project if those reasonable alternatives would attain most of the Project objectives while City Council 26 – 148 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 103 CEQA Findings of Fact September 2024 substantially lessening the potentially significant project impacts. The range of alternatives discussed in an EIR is governed by a “rule of reason,” which the State CEQA Guidelines Section 15126.6(f)(3) defines as: . . . set[ting] forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the Project. Of those alternatives, the EIR need examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the Project. The range of feasible alternatives shall be selected and discussed in a manner to foster meaningful public participation and informed decision-making. Among the factors that may be taken into account when addressing the feasibility of alternatives (as described in the State CEQA Guidelines Section 15126.6(f)([1]) are environmental impacts, site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries, and whether the Project proponent could reasonably acquire, control, or otherwise have access to an alternative site. An EIR need not consider an alternative whose effects could not be reasonably identified, and whose implementation is remote or speculative. For purposes of this analysis, the Project alternatives are evaluated to determine the extent to which they attain the basic Project objectives, while significantly lessening any significant effects of the Project. Alternatives Analysis The goal for evaluating any alternatives is to identify ways to avoid or lessen the significant environmental effects resulting from implementation of the proposed Project, while attaining most of the Project objectives. The City of Santa Ana has included the following 3 alternatives for consideration: • No Project/No Build Alternative • Reduced Project Alternative • Build Out of the Existing Zoning Designations Alternative Alternatives Not Selected for Analysis Alternative Site: An alternate site for the proposed Project was eliminated from further consideration. The Project objectives are to redevelop the Project site consistent with the objectives of the City’s GPU District Center-High (DC-5) land use designation and South Bristol Street Focus Area that includes new mixed-use development with housing in proximity to transit. In addition, due to the urban and built out nature of the City, development of 3,750 multi-family residential units, 350,000 SF of commercial uses, a 250 room hotel, and 200 senior living/continuum of care units on another 41.13-acre underutilized site at a different location would likely require demolition of existing structures, require similar mitigation, and have similar impacts as the proposed Project. CEQA specifies that the key question regarding alternative site consideration is “whether any of City Council 26 – 149 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 104 CEQA Findings of Fact September 2024 the significant effects of the project would be avoided or substantially lessened by putting the project at another location.” Given the size and nature of the proposed Project and the Project objectives, it would be infeasible to develop and operate the proposed Project on an alternative site with fewer environmental impacts, while also implementing the City’s GPU. Therefore, the Alternative Site Alternative was rejected from further consideration on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative does not avoid any significant and unavoidable impact, (2) the alternative would likely not further reduce any of the proposed project’s significant impacts; and (3) the alternative is technically, financially, and legally infeasible given the size and nature of the proposed project. This alternative is therefore eliminated from further consideration (Draft Supplemental EIR, pp. 6-4 through 6-5). No Project/Buildout of Existing General Plan Designation. Buildout of the Project site at the maximum allowable density pursuant to the City’s General Plan DC-5 land use designation was eliminated from further consideration. The DC-5 land use designation allows for development of the Project site at a maximum 125 dwelling units per acre (du/ac) and a FAR of 5.0, which would allow for development of up to 8,733,780 SF of mixed uses, inclusive of residential uses. The proposed Project would result in approximately 91 du/ac and a FAR of 2.7. The No Project/Buildout of Existing General Plan Designation Alternative would result in an 85 percent intensification of uses onsite in comparison to the proposed Project. This alternative would require demolition of the same structures, require similar mitigation, and would increase air quality emissions and require more parkland in comparison to the proposed Project. Given the increased intensity of the No Project/Buildout of the Existing General Plan Designation Alternative, it would not result in fewer environmental impacts than the proposed Project. Therefore, the No Project/Buildout of Existing General Plan Designation Alternative was rejected from further consideration on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative does not avoid any significant and unavoidable impact, and (2) the alternative would likely not further reduce any of the proposed project’s significant impacts (Draft Supplemental EIR, p. 6-5). Description of Alternatives Alternative 1 – No Project/No Build Alternative Pursuant to Section 15126.6(e)(2) of the CEQA Guidelines, the EIR is required to “discuss the existing conditions at the time the notice of preparation is published, or if no notice of preparation is published, at the time the environmental analysis is commenced, as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services.” Therefore, under this alternative, no development would occur on the Project site and it would remain in its existing condition with three existing buildings with 16 existing buildings totaling 465,063 SF functioning as a shopping center. In this alternative scenario, the 16 buildings are assumed to be fully operational as a shopping center with restaurants, a supermarket, banks, a dry cleaner, medical and dental offices, financial offices, and fitness uses. Hence, this alternative compares the impacts of the proposed Project with the existing buildings operating at full capacity for shopping center uses (Draft Supplemental EIR, pp. 6-6 through 6-13). City Council 26 – 150 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 105 CEQA Findings of Fact September 2024 Alternative 2 – Reduced Project Alternative Under this alternative, a reduction in the commercial square-footage that would be developed onsite. Pursuant to discussion with City planning staff, it was determined that a reasonable decrease in developed on the Project site is 100,000 SF of commercial retail and the elimination of the 250- room hotel. This alternative would develop and operate 3,750 multi-family residential units, a 200- room senior living/continuum of care facility, and 250,000 SF of retail and restaurant commercial uses. The reduction would result in the construction of 1,375 units, 200 senior living/continuum of care units, and 150,000 SF of commercial uses in Phase 1; including an administrative Police Department substation to be located within the commercial use area. Approximately 856 units and 65,000 SF of commercial uses would be constructed in Phase 2; and 1,519 units and 35,000 SF of commercial uses would be constructed in Phase 3. To support the reduced Project under this alternative, the same ratio of parking spaces would be provided as proposed for the proposed Project. Under the Reduced Project Alternative, certain offsite improvements (including storm drain upgrades, restriping, and signal installation) are assumed, consistent with the proposed Project. In addition, the same amount of recreational facilities and common open space would be provided as the proposed Project. Like the proposed Project, this alternative would require a zoning map amendment to amend the existing zoning of General Commercial (C-2) and Commercial Residential (CR) to Related Bristol Specific Plan District (Draft Supplemental EIR, pp. 6-13 through 6-22). Alternative 3 – Build Out of the Existing Land Use and Zoning Alternative Under this alternative, no zoning map amendment would occur, and the Project site would be built out according to the existing zoning designations. Therefore, this alternative would include development of the 23.96-acre area north of Callen’s Common with only commercial uses pursuant to the C-2 zoning designation, which would result in approximately 782,774 SF at the maximum FAR of 0.75 with a building height of 35 feet. This alternative would provide surface parking and would not develop Bristol Central Park in the northern portion of the site. Also, the 17.17-acre area south of Callen's Common would be redeveloped with commercial uses and mixed-uses pursuant to the CR zoning designation, which would result in approximately 250,000 SF of ground-floor commercial uses and office space, approximately 250 hotel rooms, approximately 200 senior living/continuum of care units, and 1,375 multi-family units would be developed to a maximum FAR of 5.0. Buildings at the northwestern corner of the CR zoned area would be a maximum of 50 feet, buildings at 200 feet from adjacent residential uses would be a maximum height of 100 feet. The buildings toward the southeast corner of the site would be a maximum of 25 stories. Parking within areas south of Callen's Common would be underground and open space within this area would be consistent with the proposed Project. Overall, buildout of the Existing Zoning Alternative would develop the site with 682,774 SF more commercial space than proposed by the Project, totaling 1,032,774 SF of commercial uses (including an administrative Police Department substation), the same number of hotel rooms and senior living/continuum of care units as the proposed Project, and 2,375 fewer residential units for a total of 1,375 multi-family units(Draft Supplemental EIR, pp. 6-22 through 6-30). City Council 26 – 151 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 106 CEQA Findings of Fact September 2024 Evaluation of Alternatives Alternative 1 – No Project/No Build Alternative The No Project/No Build Alternative would avoid the significant and unavoidable air quality, and parks and recreation impacts that would occur from the proposed Project. Additionally, operational impacts would be reduced and mitigation measures, which include measures related to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, and tribal cultural resources, would not be required. However, the environmental benefits of the Project would also not be realized, such as implementation of the General Plan DC-5 land use and South Bristol Street Focus Area objectives, improvements to offsite bicycle lanes, sidewalks, and stormwater infrastructure, CALGreen/DAMP/LID infrastructure improvements to storm water quality, and a reduction of drainage runoff from the area, removal of potentially contaminated soils, provision of housing within TPAs and High Quality Transit Areas, improvements to the jobs/housing balance, and the potential to reduce vehicle miles traveled. The No Project/ No Build Alternative would not meet any of the Project objectives. The site would not be redeveloped to provide housing to help meet the region’s demand for housing, would not provide a development consistent with other regional redevelopment in the South Bristol Street Focus Area, would not develop housing to assist the City in meeting its jobs/housing balance, would not provide onsite uses that reduce VMT, and would not implement SCAG RTP/SCS policies related to providing additional housing near employment centers. Overall, this alternative would not meet any of the objectives of the proposed Project (Draft Supplemental EIR, pp. 6-12 through 6-13). Finding: The City of Santa Ana finds that the No Project/No Build Alternative would not redevelop the site to provide development consistent with other regional redevelopment in the South Bristol Street Focus Area, would not develop housing to assist the City in meeting its jobs/housing balance, would not provide onsite uses that reduce VMT, and would not implement SCAG RTP/SCS policies related to providing additional housing near employment centers. Overall, the No Project/No Build Alternative fails to meet any of the Project objectives (Draft Supplemental EIR at p. 6-12) and is rejected on that basis. Alternative 2 – Reduced Project Alternative The Reduced Project Alternative would result in 2,722 fewer daily vehicular trips than the proposed Project. The reduction in vehicular emissions and consumer products from this alternative would reduce operational air quality impacts to a less than significant level. However, significant and unavoidable impacts related to construction air quality emissions would continue to occur and cumulative parkland deficiencies from implementation of this alternative. Additionally, the mitigation required for implementation of the proposed Project would continue to be required for the Reduced Project Alternative to reduce impacts related to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, and tribal cultural resources to a less than significant level. Overall, although the volume of impacts would be less by the Reduced Project Alternative in comparison to the proposed Project, the Reduced Project Alternative would not eliminate all of the significant and unavoidable impacts of the proposed Project or eliminate the need for mitigation. Furthermore, the Reduced Project Alternative would result in a reduced beneficial impact. Providing less commercial space and no hotel space on the City Council 26 – 152 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 107 CEQA Findings of Fact September 2024 Project site would result in fewer opportunities to improve the jobs-housing balance as residents would have the potential to travel to fewer local employment opportunities. The Reduced Project Alternative would meet the Project objectives, but not to the same extent as the proposed Project. The site would be redeveloped to provide housing to help meet the region’s demand for housing, would provide a development consistent with other regional redevelopment in the South Bristol Street Focus Area. However, no hotel rooms and less commercial space would be provided and a reduced improvement to the jobs-housing balance and VMT would occur. Overall, this alternative would meet the objectives of the proposed Project, but not to the same extent as the proposed Project (Draft Supplemental EIR, pp. 6-20 through 6-21). Finding: The City of Santa Ana finds that the Reduced Project Alternative would result in less commercial space and a reduced improvement to the jobs-housing balance and VMT would occur. In addition, the Reduced Project Alternative would not eliminate all of the significant and unavoidable impacts of the proposed Project or eliminate the need for mitigation. Thus, the Reduced Project Alternative would not achieve the Project objectives to the same extent as the proposed Project, would continue to result in significant and unavoidable impacts, and would continue to require mitigation. The Reduced Project Alternative is rejected on that basis. Alternative 3 – Build Out of the Existing Land Use and Zoning Alternative The Build Out of the Existing Zoning Alternative would result in 9,541 more daily vehicular trips than the proposed Project. The increase in vehicular trips from this alternative would increase the proposed Project’s significant and unavoidable operational air quality impacts. and unavoidable impacts related to air quality and parks and recreation would continue to occur from implementation of this alternative. Further, this alternative would result in significant and unavoidable impacts related to operational traffic noise. Additionally, the mitigation required for air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, and tribal cultural resources would continue to be required for the Buildout of the Existing Zoning Alternative. Overall, although the volume of impacts would be greater from the Build Out of the Existing Zoning Alternative in comparison to the proposed Project, the Build Out of the Existing Zoning Alternative would not eliminate any of the significant and unavoidable impacts of the proposed Project or eliminate the need for mitigation. Furthermore, the Build Out of the Existing Land Use and Zoning Alternative would result in a reduced beneficial impact, as it would not provide as many multi- family units on the Project site; and therefore, would not improve the jobs-housing balance. The Build Out of Existing Zoning would meet the Project objectives, but not to the same extent as the proposed Project. The site would be redeveloped to provide housing to help meet the region’s demand for housing, would provide a development consistent with other regional redevelopments in the South Bristol Street Focus Area. However, fewer residential multifamily units would be provided and a reduced improvement to the jobs-housing balance and VMT would occur. Additionally, the alternative would result in less implementation of SCAG RTP/SCS policies related to providing additional housing near employment centers. Overall, this alternative would meet the objectives of the proposed Project, but not to the same extent as the proposed Project (Draft Supplemental EIR, pp. 6-29 through 6-30). City Council 26 – 153 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 108 CEQA Findings of Fact September 2024 Finding: The City of Santa Ana finds that the Build Out of the Existing Zoning Alternative would not assist the City in meeting its jobs/housing balance. In addition, the Reduced Project Alternative would not eliminate all of the significant and unavoidable impacts of the proposed Project or eliminate the need for mitigation. In fact, it would create an additional significant unavoidable impact related to traffic noise. Thus, the Build Out of the Existing Land Use and Zoning Alternative would not achieve the Project objectives to the same extent as the proposed Project. The Build Out of the Existing Zoning Alternative is rejected on that basis. Environmentally Superior Alternative Section 15126.6(e)(2) of the CEQA Guidelines indicates that an analysis of alternatives to a proposed project shall identify an environmentally superior alternative among the alternatives evaluated in an EIR. The CEQA Guidelines also state that should it be determined that the No Project/No Build Alternative is the environmentally superior alternative, the EIR shall identify another environmentally superior alternative among the remaining alternatives. The Reduced Project Alternative would reduce the Project’s significant and unavoidable operational air quality impacts to a less than significant level. However, significant and unavoidable impacts related to construction air quality emissions and parkland deficiencies would continue to occur from implementation of this alternative. In addition, the Reduced Project Alternative would result in a reduced beneficial impact. Eliminating the hotel and providing less commercial space on the Project site would result in fewer opportunities for the creation of new jobs. This alternative would continue to require mitigation related to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, and tribal cultural resources to reduce impacts to a less than significant level. In addition, Reduced Project Alternative would meet the Project objectives but not to the same extent as the proposed Project. While the Reduced Project Alternative would result in additional employment, it would not result in the creation of new jobs to the same extent as the proposed Project. The Reduced Project Alternative would introduce mixed-uses to the Project site and would provide for new economic activity, but to a lesser extent as no hotel would be developed and less commercial square footage would be developed. Overall, this alternative would meet the objectives of the proposed Project, but not to the same extent as the proposed Project (Draft Supplemental EIR, pp. 6-30 through 6-34.) City Council 26 – 154 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 109 CEQA Findings of Fact September 2024 This page was intentionally left blank City Council 26 – 155 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 110 CEQA Findings of Fact September 2024 X. STATEMENT OF OVERRIDING CONSIDERATIONS Introduction The City of Santa Ana is the Lead Agency under CEQA for preparation, review and certification of the Supplemental EIR for Related Bristol Mixed-Use Project (Project). As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed Project. In making this determination the City is guided by CEQA Guidelines Section 15093, Statement of Overriding Considerations, which states: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal (sic) project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the Final Supplemental EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final Supplemental EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed Project against the unavoidable adverse impacts associated with the Project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the proposed Project, none of which both meet the Project objectives and is environmentally preferable to the proposed Project for the reasons discussed in the Findings and Facts in Support of Findings. The City of Santa Ana, as the Lead Agency for this Project, and having reviewed the Supplemental EIR for the Related Bristol Mixed-Use Project, and reviewed all written materials within the City’s City Council 26 – 156 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 111 CEQA Findings of Fact September 2024 public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the Project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the Project. Overriding Considerations The City, after balancing the specific economic, legal, social, technological, and other benefits of the Project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to the following specific considerations which outweigh the unavoidable, adverse environmental impacts of the Project, each of which standing alone is sufficient to support approval of the Project, in accordance with CEQA Section 21081(b) and CEQA Guideline Section 15093. The specific economic, legal, social, technological, or other benefits of the Project are as follows: • The project implements the vision of the General Plan for the South Bristol Street Focus Area by: o Capitalizing on the success of the South Coast Metro area o Introducing mixed-use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit-oriented o Realizing an intense, multistory presence along the corridor o Providing for mixed-use opportunities while protecting adjacent, established low density neighborhoods o Creating:  New development that establishes vibrant public outdoor space appropriately scaled to the size and type of project, including 13.1 acres of publicly-accessible onsite open space areas  Building design that is dynamic and strong, creating a distinct impression  Mixed-use spaces of similar scale to those south of Sunflower Avenue. • The Project implements capital investment through construction of new buildings and offsite infrastructure improvements to enhance the City’s economic and fiscal viability pursuant to the City of Santa Ana General Plan. • The Project improves the jobs-housing balance in the City, beneficially providing multi-family housing in a jobs-rich area so that employees can easily travel to employment opportunities. • The Project reduces vehicle miles traveled and the related traffic congestion, air quality, and greenhouse gas emissions through the provision of a multi-modal, mixed-use development by bringing residents and visitors closer to their routine destinations like their workplace, gym, grocery store, park, bank, and restaurants. • Related Bristol will significantly enhance the pedestrian experience along the south Bristol corridor with new landscaping, pedestrian-oriented sidewalks and protected bike lanes. City Council 26 – 157 10/1/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 112 CEQA Findings of Fact September 2024 • The Project transforms an underutilized site currently dominated by an asphalt parking lot and partially vacant retail center into a walkable, pedestrian-friendly village with approximately 13.1 acres of actively programmed, publicly accessible open space. • The Project transforms an underutilized site to an economically viable development consistent with the General Plan objectives for the South Bristol Street Focus Area and combines residential uses with community-serving commercial uses near employment opportunities, freeway access, and transit. • The Project implements the SCAG Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) Land Use Policies related to population and housing by providing additional housing near employment centers. • Consistent with the General Plan, the Project facilitates the economic development of the City by creating an expanded employment base and new diverse employment opportunities. The Economic and Fiscal Analysis (2023) prepared for the Project determined that the Project will generate approximately 5,900 construction jobs and 1,600 permanent jobs. The Project’s implementation will be a powerful catalyst for business growth and sustainability in south Santa Ana for generations to come. • The Economic and Fiscal Analysis (2023) prepared for the Project determined that due to greater construction costs and scale, the Project would generate close to $2.9 billion in total economic activity in Orange County. • The Economic and Fiscal Analysis determined that the Project could generate a net surplus of approximately $10.7 million per year to the City’s General Fund. In comparison, the existing (partially vacant) commercial center on the site is estimated to generate a net fiscal benefit of about $2.8 million per year. • The Project creates a high quality, master planned mixed-use development that will attract an array of businesses and provide a variety of employment and housing opportunities and creates an annual net fiscal surplus. City Council 26 – 158 10/1/2024 55394.00062\42476413.1 EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM City Council 26 – 159 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 3 Final Supplemental EIR August 2024 TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM RELATED BRISTOL SPECIFIC PLAN PROJECT FINAL SUPPLEMENTAL EIR Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials AIR QUALITY Plan, Program, or Policy PPP AQ-1: SCAQMD Rule 403. The following measures shall be incorporated into construction plans and specifications as implementation of SCAQMD Rule 403: o All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. o The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the mid-morning, afternoon, and after work is done for the day. o The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. Prior to demolition and construction permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP AQ-2: SCAQMD Rule 1113. The following measure shall be incorporated into construction plans and specifications as implementation of SCAQMD Rule 1113. The Project shall only use “Low- Volatile Organic Compounds (VOC)” paints (no more than 50 gram/liter of VOC) consistent with SCAQMD Rule 1113. Prior to demolition and construction permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP AQ-3: SCAQMD Rule 445. The following measure shall be incorporated into construction plans and specifications as implementation of SCAQMD Rule 445. Wood burning stoves and fireplaces shall not be included or used in residential dwelling units. Prior to demolition and construction permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP AQ-4: CALGreen Building Standards MERV 13 Filters. Indoor air quality within mechanically ventilated buildings shall comply with Section 5.504.5.3 (Filters) of the California Green Building Standards Code Part 11 that requires utilization of at least a Minimum Efficiency Reporting Value (MERV) of 13 air filtration systems. The Code Prior to issuance of certificates of occupancy City of Santa Ana Building Safety Division City Council 26 – 160 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 4 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials requires MERV 13 filters to be installed prior to occupancy and replaced and/or maintained as directed by the manufacturer. GPU FEIR Mitigation Measure AQ-1: Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction-related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction-related emissions could include, but are not limited to: • Require fugitive-dust control measures that exceed South Coast AQMD’s Rule 403, such as: o Use of nontoxic soil stabilizers to reduce wind erosion. o Apply water every four hours to active soil-disturbing activities. o Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower. • Ensure that construction equipment is properly serviced and maintained to the manufacturer’s standards. Prior to discretionary approval City of Santa Ana Building Safety Division City Council 26 – 161 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 5 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit onsite vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. Use Super-Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super- Compliant architectural coating manufactures can be found on the South Coast AQMD’s website. GPU FEIR Mitigation Measure AQ-2: Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the South Coast AQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: • For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. • Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate Prior to discretionary approval City of Santa Ana Building Safety Division City Council 26 – 162 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 6 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials applications to optimize renewable energy generation systems and avoid peak energy use. • Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code and Sec. 41-1307.1 of the Santa Ana Municipal Code. • Provide preferential parking spaces for low-emitting, fuel-efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant-provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star–certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star– certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Mitigation Measure AQ-1: Construction Exhaust and Dust Control. Prior to issuance of Phase 1, Phase 2, and Phase 3 grading permits, the Project Prior to issuance of grading permits City of Santa Ana Building Safety Division City Council 26 – 163 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 7 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Applicant shall prepare and submit documentation to the City of Santa Ana Building and Safety Division that demonstrates the following: • Require fugitive-dust control measures that exceed SCAQMD Rule 403 requirements: o Apply water at least three times daily to active soil-disturbing activities. o Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. o Limit onsite vehicle travel speeds on unpaved roads to 15 miles per hour. o Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • All off-road diesel-powered construction equipment greater than 50 horsepower meets California Air Resources Board Tier 4 Final off-road emissions standards. Requirements for Tier 4 Final equipment shall be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each equipment’s Best Available Control Technology (BACT) documentation (certified tier specification or model year specification), and CARB or SCAQMD operating permit (if applicable) shall be provided to the City at the time of mobilization of each applicable unit of equipment. • Construction equipment shall be properly maintained according to manufacturer specifications. All equipment maintenance records and data sheets, including design specifications and emission control tier classifications shall be kept onsite and furnished to the lead agency or other regulators upon request. • All construction equipment and delivery vehicles shall be turned off when not in use, or limit onsite idling for no more than 5 minutes in any 1 hour. City Council 26 – 164 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 8 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • Onsite electrical hook ups to a power grid shall be provided for electric construction tools including saws, drills, and compressors, where feasible, to reduce the need for diesel powered electric generators. Construction contracts shall require all off-road equipment with a power rating below 19 kilowatts (25 horsepower) (e.g., plate compactors, pressure washers, etc.) used during project construction be battery powered. • Prepare a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non-truck traffic. • Provide information on transit and ridesharing programs and services to construction employees. Mitigation Measure AQ-2: Low VOC Paint (Construction). Construction plans, specifications, and permitting shall require that during construction, the Project shall use “Super-Compliant” low VOC paints which have been reformulated to exceed the regulatory VOC limits (i.e., have a lower VOC content than what is required) put forth by SCAQMD’s Rule 1113 for all architectural coatings. Super-Compliant low VOC paints shall be no more than 10g/L of VOC. Prior to issuance of building permits, the City of Santa Ana shall confirm that plans include the following specifications: • All architectural coatings will be Super-Compliant low VOC paints. • Recycle leftover paint. Take any leftover paint to a household hazardous waste center; do not mix leftover water-based and oil- based paints. • Keep lids closed on all paint containers when not in use to prevent VOC emissions and excessive odors. • For water-based paints, clean up with water only. Whenever possible, do not rinse the cleanup water down the drain or pour it directly into Prior to issuance of construction permits related to architectural coatings City of Santa Ana Building Safety Division City Council 26 – 165 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 9 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials the ground or the storm drain. Set aside the can of cleanup water and take it to the hazardous waste center (www.cleanup.org). • Use compliant low-VOC cleaning solvents to clean paint application equipment. • Keep all paint- and solvent-laden rags in sealed containers to prevent VOC emissions. • Contractors shall construct/build with materials that do not require painting and use pre-painted construction materials to the extent practicable. • Use high-pressure/low-volume paint applicators with a minimum transfer efficiency of at least 50 percent or other application techniques with equivalent or higher transfer efficiency. Mitigation Measure AQ-3: Vehicle Trip Reduction. Develop a qualifying Commute Trip Reduction (CTR)/ Transportation Demand Management (TDM) plan to reduce mobile GHG emissions for all uses. The TDM plan shall be approved by the City of Santa Ana prior to the issuance of building permits. The TDM plan shall discourage single-occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking. The following measures shall be incorporated into the TDM plan. TDM Requirements for Non-Residential Uses: • The Project Applicant shall consult with the local transit service provider to maintain and identify opportunities to maximize transit. Evidence of compliance with this requirement may include correspondence from the local transit provider(s) regarding the potential need for installing bus shelters or bus stops at the site. • The portion of the TDM plan for non-residential uses shall include, but not be limited to the following potential measures: ride-matching assistance, preferential carpool parking, flexible work schedules for carpools, half-time transportation coordinators, providing a web site or message board for coordinating rides, designating adequate Prior to the issuance of building permits City of Santa Ana Planning Division City Council 26 – 166 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 10 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials passenger loading and unloading and waiting areas for ride-sharing vehicles, and including bicycle end of trip facilities (such as bicycle parking and changing/shower facilities). This list may be updated as new methods become available. Verification of this measure shall occur prior to building permit issuance for the commercial uses. TDM Requirements for Residential Units: • Rental Units. Upon a residential dwelling being rented or offered for rent, the Project Applicant shall notify and offer to the tenant or prospective tenant, materials describing public transit, ridesharing, and nonmotorized commuting opportunities in the vicinity of the development. The materials shall be approved by the City of Santa Ana. The materials shall be provided no later than the time the rental agreement is executed. This information shall be submitted to the City of Santa Ana Planning Division for review and approval, prior to the issuance of the first certificate of occupancy. Mitigation Measure AQ-4: Prohibition of Fireplaces. Project plans, specifications, and permitting shall state that wood-burning and natural gas devices are prohibited inside residential dwelling units. The purpose of this measure is to limit emissions of ROG, NOX, and particulate matter emissions from wood-burning and natural gas devices used for primary heat, supplemental heat, or ambiance. This prohibition shall be noted on the tenant deed and/or lease agreements to ensure that installation of wood-burning and natural gas devices do not occur during occupation of residences. Prior to issuance of building permits City of Santa Ana Building Safety Division Mitigation Measure AQ-5: Electric Landscape Equipment. Prior to the issuance of occupancy permits, the Planning Division shall confirm that the proposed Project’s Codes Covenants and Restrictions (CC&Rs) and/or tenant lease agreements include contractual language that all landscaping equipment used on site shall be 100 percent electrically powered. All residential and non-residential properties shall be equipped with exterior electrical outlets to accommodate this requirement. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. Prior to the issuance of certificates of occupancy. City of Santa Ana Building Safety Division City Council 26 – 167 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 11 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Mitigation Measure AQ-6: Low VOC Paint (Operations). The Project Applicant shall require by contract specifications for commercial development to use interior and exterior architectural coatings (paint and primer including parking lot paint) products that have a volatile organic compound rating of 10 grams per liter or less. Contract specifications shall be reviewed and approved by the City of Santa Ana prior to the issuance of occupancy permits. This measure shall be made a condition of approval for continued upkeep of the property. Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division Mitigation Measure AQ-7: Loading Dock Connections. Prior to the approval of building permits, the City of Santa Ana shall confirm the construction documents demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. Prior to issuance of building permits. City of Santa Ana Building Safety Division CULTURAL RESOURCES GPU FEIR Mitigation Measure CUL-1: Identification of Historical Resources and Potential Project Impacts. For structures 45 years or older, a Historical Resources Assessment (HRA) shall be prepared by an architectural historian or historian meeting the Secretary of the Interior’s Professional Qualification Standards. The HRA shall include: definition of a study area or area of potential effect, which will encompass the affected property and may include surrounding properties or historic district(s); an intensive level survey of the study area to identify and evaluate under federal, State, and local criteria significance historical resources that might be directly or indirectly affected by the proposed project; and an assessment of project impacts. The HRA shall satisfy federal and state guidelines for the identification, evaluation, and recordation of historical resources. An HRA is not required if an existing historic resources survey and evaluation of the property is available; however, if the existing survey and evaluation is more than five years old, it shall be updated. Prior to issuance of grading permits. If the existing survey and evaluation is more than five years old, it shall be updated. City of Santa Ana Building Safety Division GPU FEIR Mitigation Measures CUL-4: For projects with ground disturbance—e.g., grading, excavation, trenching, boring, or demolition that extend below the current grade—prior to issuance of any permits required to conduct ground-disturbing activities, the City shall require an Prior to issuance of permits required to conduct ground- disturbing activities City of Santa Ana Building Safety Division City Council 26 – 168 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 12 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior’s Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. GPU FEIR Mitigation Measures CUL-6: If the archaeological assessment did not identify archaeological resources but found the area to be highly sensitive for archaeological resources, a qualified archaeologist and a Native American monitor approved by a California Native American Tribe identified by the Native American Heritage Commission as culturally affiliated with the project area shall monitor all ground-disturbing construction and pre- construction activities in areas with previously undisturbed soil of high sensitivity. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial onsite safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. The Native American monitor shall be invited to participate in this training. In the event that archaeological resources (artifacts or features) are exposed during ground- disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary’s Standards. and This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource. Prior to issuance of grading permits Monitoring during ground-disturbing activities City of Santa Ana Building Safety Division City Council 26 – 169 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 13 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. Mitigation Measure CR-1: If a resource is determined significant, the Project Applicant, qualified archaeologist, and tribal monitors (as included in MM TCR-1) Native American tribal representative shall meet and confer regarding the treatment measures and mitigation for such resources. Pursuant to PRC Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources and may include deeding archaeological resources into permanent conservation easements or planning parks, greenspace, or other open space to incorporate archaeological resources. If preservation in place or avoidance is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis of the artifacts that are recovered. The methods and results of the data recovery excavations shall be included in the monitoring report that is described in MM CR-2. The report shall include a description of resources recovered, treatment of the resources, results of the artifact processing, analysis, and research, and evaluation of the resources with respect to the California Register of Historical Resources and CEQA. Construction activities in the immediate vicinity of the discovery can resume once the fieldwork component of the treatment measures has been implemented. These treatment measures and mitigation shall reduce any significant impacts by ensuring that either the resource is preserved in place or is removed prior to its destruction by construction activities. Prior to initiation of grading/ground- disturbing activities City of Santa Ana Building Safety Division Mitigation Measure CR-2: After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City and to the SCCIC at the University California, Fullerton. After completion of monitoring activities. City of Santa Ana Building Safety Division City Council 26 – 170 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 14 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials GEOLOGY AND SOILS Plan, Program, or Policy PPP GEO-1: CBC Compliance. The proposed Project is required to comply with the California Building Standards Code (CBC) as included in the City’s Municipal Code as Chapter 8, Article 2, Division 1, to preclude significant adverse effects associated with seismic and soils hazards. As part of CBC compliance, CBC related and geologist and/or civil engineer specifications for the proposed Project shall be incorporated into grading plans and building specifications as a condition of construction permit approval. Prior to issuance of grading and building permits City of Santa Ana Building Safety Division GPU FEIR Mitigation Measures GEO-2: Low-to-High Sensitivity. Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with “low- to-high” paleontological sensitivity (see Figure 5.6-3), the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. Prior to issuance of grading permits; See MM GEO-3 City of Santa Ana Building Safety Division GPU FEIR Mitigation Measures GEO-3: All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a Qualified Paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County (NHMLA). The repository shall be identified, and a curatorial arrangement shall be signed, prior to collection of the fossils. During all ground disturbing activities City of Santa Ana Building Safety Division Mitigation Measure GEO-1: Incorporation of and Compliance with a Design Level Geotechnical Report. A final design level geotechnical report that complies with all applicable state and local code requirements shall be prepared for each Project structure by a California licensed qualified Prior to issuance of grading permits City of Santa Ana Building Safety Division City Council 26 – 171 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 15 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials geotechnical engineer consistent with the California Building Code and City of Santa Ana requirements applicable at the time of grading/construction and shall include recommendations related to site grading and earthwork, fill materials, compaction, foundations, and other structural elements. The report recommendations shall be included in construction specifications and permits; and confirmed through onsite inspections. Mitigation Measure GEO-2: Implementation of Geotechnical Recommendations for Groundwater and Expansive Soils. Project plans, grading specifications, and construction permitting shall incorporate site specific earthwork and ground improvement requirements related to groundwater saturated soils and expansive soils consistent with the California Building Code and City of Santa Ana requirements applicable at the time of grading/construction as stated in a design level geotechnical report and approved by the City’s Building and Safety Division. This shall include recommendations related to discovery of groundwater, wet soils, or unstable soils during grading, stabilization, dewatering, fill materials, and foundations. Prior to issuance of grading permits City of Santa Ana Building Safety Division Mitigation Measure PALEO-1: Retention of a Qualified Paleontologist. Project plans, grading specifications, and construction permitting shall ensure that prior to the start of excavation, the client shall retain a Qualified Paleontologist who meets the professional criteria established by the Society of Vertebrate Paleontology (SVP 2010) to oversee the implementation of all paleontological resources mitigation requirements for the proposed Project. In Prior to any grading permits City of Santa Ana Building Safety Division Mitigation Measure PALEO-2: Paleontological Resources Sensitivity Training. Project plans, grading specifications, and construction permitting shall ensure that prior to the start of excavations, the Qualified Paleontologist, or their designee, shall conduct paleontological resources awareness training for onsite personnel. The training session shall focus on how to identify paleontological resources that may be encountered during excavations and the procedures to be followed in the event of their discovery. The City shall ensure onsite personnel are made available for and attend the training and retain documentation demonstrating attendance. Inclusion in Project plans, grading specifications, and construction permitting prior to issuance of grading permits Prior to initiation of grading/ground- disturbing activities. City of Santa Ana Building Safety Division City Council 26 – 172 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 16 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Mitigation Measure PALEO-3: Paleontological Monitoring. Project plans, grading specifications, and construction permitting shall detail that paleontological resources monitoring shall be required for excavations below 20 feet below ground surface (bgs). Paleontological monitoring shall be conducted by a monitor who meets the professional criteria established by the Society of Vertebrate Paleontology working under the direct supervision of the Qualified Paleontologist. Monitoring can be reduced, or ceased entirely, if determined adequate by the Qualified Paleontologist. Recommendations for reduction or cessation of monitoring will be based on a more accurate understanding of the lithologic character and age of the sediments exposed during excavation. If deeper excavations continue to encounter younger, Holocene alluvium, monitoring shall be reduced from full- time to part-time monitoring or weekly inspections. If the Qualified Paleontologist determines, based on the lithologic character of the sediments, that there is very little likelihood of impacting Pleistocene marine sediments, paleontological monitoring shall cease entirely. The paleontological monitor shall collect any identifiable fossils encountered during the excavations. If onsite personnel discover potential fossils during excavations when a paleontological monitor is not present, they shall cease excavation within 50 feet of the discovery and contact the Qualified Paleontologist. Construction activities may resume after the discovery is assessed by the Qualified Paleontologist and appropriate treatment measures have been implemented. Prior to issuance of grading permits During ground-disturbing activities at 20 feet bgs. City of Santa Ana Building Safety Division Mitigation Measure PALEO-4: Paleontological Resources Treatment and Disposition. Project plans, grading specifications, and construction permitting shall require that significant fossils be prepared to the point of identification and cataloged. Significant fossils shall be curated at a public, non-profit institution with a research interest in the material and with retrievable storage, such as the Natural History Museum of Los Angeles County, if such an institution agrees to accept the fossils. If no institution accepts the fossil collection, then the fossils may be donated to a local museum, historical society, school, or other institution for educational purposes. Accompanying notes, reports, maps, and photographs shall also be filed with the final repository. Inclusion in Project plans, grading specifications, and construction permitting prior to issuance of grading permits Upon completion of monitoring City of Santa Ana Building Safety Division City Council 26 – 173 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 17 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Mitigation Measure PALEO-5: Paleontological Resources Monitoring Report. Project plans, grading specifications, and construction permitting shall ensure that upon completion of the excavation phase of the Project, the Qualified Paleontologist shall prepare a report summarizing the results of the monitoring efforts. The report shall be submitted to the City to signify the satisfactory completion of required paleontological mitigation measures. If significant fossils are discovered, the report shall also be submitted to the appropriate repositories. Inclusion in Project plans, grading specifications, and construction permitting prior to issuance of grading permits Upon completion of monitoring City of Santa Ana Building Safety Division GREENHOUSE GAS EMISSIONS Mitigation Measure GHG-1: Solar Panels. The Project shall be required to install solar photovoltaic (PV) panels or other source of renewable electricity generation on-site, based on the maximum roof area available for solar (i.e., solar-ready zone). The solar-ready zone shall comply with Section 110.10 of the 2022 California Energy Code and shall comply with access, pathway, ventilation, and spacing requirements, and exclude skylight area. The final PV generation facility size requires approval by Southern California Edison (SCE). SCE’s Rule 21 governs operating and metering requirements for any facility connected to SCE’s distribution system. Should SCE limit the offsite export, the proposed Project may utilize a battery energy storage system (BESS) to lower offsite export while maintaining onsite renewable generation to off-set consumption. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage. The schedule of photovoltaic system locations may be updated as needed. Shown on building plans Prior to certificates of occupancy, as applicable City of Santa Ana Building Safety Division Mitigation Measure GHG-2: LEED, Charging Stations, and Bus Stops. Prior to the issuance of a Phase 1, Phase 2, or Phase 3 building permits, the Project Applicant or successor in interest shall provide documentation to the City of Santa Ana demonstrating the following: • The Project shall be designed to achieve Leadership in Energy and Environmental Design (LEED) certification to meet or exceed CALGreen Tier 2 standards in effect at the time of building permit application in order to exceed 2022 Title 24 energy efficiency standards. Prior to issuance of building permits City of Santa Ana Building Safety Division City Council 26 – 174 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 18 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • The Project shall provide facilities to support electric charging stations per the Tier 2 standards in Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the 2022 CALGreen Code. The Applicant shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Mitigation Measure GHG-3: Landfill Waste. The development (Phase 1, Phase 2, and Phase 3) shall divert a minimum of 75 percent of landfill waste. Prior to issuance of certificate of occupancy, a recyclables collection and load area shall be constructed in compliance with the City standards for Recyclable Collection and Loading Areas. During construction Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division Mitigation Measure GHG-4: Electrical Landscape Equipment. Prior to the issuance of Phase 1, Phase 2, or Phase 3 occupancy permits, the City Planning and Building and Safety Divisions shall confirm that tenant lease agreements include contractual language that all landscaping equipment used on site shall be 100 percent electrically powered. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division Mitigation Measure GHG-5: Energy Efficient Appliances. All major applicant provided in-unit residential appliances (e.g., dishwashers, refrigerators, clothes washers and dryers, water heaters, and for space heating) provided/installed shall be electric (i.e., appliances that do not use natural gas, propane, or other fossil fuels) and Energy Star certified or of equivalent energy efficiency where applicable. Prior to the issuance of the certificate of occupancy, the City of Santa Ana shall verify implementation of this requirement. Installation of electric Energy Star–certified or equivalent appliances shall be verified by the Building Safety Division during plan check. Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division City Council 26 – 175 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 19 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials HAZARDS AND HAZARDOUS MATERIALS Plan, Program, or Policy PPP HAZ-1: SCAQMD Rule 1403. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that an asbestos survey has been conducted at all existing buildings located on the Project site. If asbestos or asbestos containing material is found, the Project applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) Rule 1403. Rule 1403 regulations require that the following actions be taken: notification of SCAQMD prior to construction activity, asbestos removal in accordance with prescribed procedures, placement of collected asbestos in leak-tight containers or wrapping, and proper disposal. Prior to issuance of demolition permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP HAZ-1: Lead. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that a lead-based paint survey has been conducted at all existing buildings located on the Project site. If lead-based paint is found, the Project applicant shall follow all procedural requirements and regulations for proper removal and disposal of the lead-based paint. CalOSHA has established limits of exposure to lead contained in dusts and fumes. Specifically, CCR Title 8, Section 1532.1 provides for exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. Prior to issuance of demolition permits City of Santa Ana Building Safety Division Mitigation Measure HAZ-1: Prior to issuance of a grading permit, a Soil Management Plan (SMP) shall be prepared by a qualified hazardous materials consultant and shall detail procedures and protocols for excavation and disposal of onsite hazardous materials, including: • Any subsurface materials exposed during construction activities that appear potentially contaminated, based on either visual observation or suspect odors, shall be segregated, stockpiled, and tested for potential contamination. If contamination is found to be present per the California Department of Toxic Substances Control (DTSC) Environmental Screening Levels (ESLs) for the applicable use, and cannot be reused on the Project site, it shall be transported by a Prior to grading permits City of Santa Ana Building Safety Division City Council 26 – 176 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 20 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials certified hazardous waste hauler to a landfill permitted by the state to accept hazardous materials and disposed of per California Hazardous Waste Regulations. • A Health and Safety Plan (HASP) shall be prepared for each contractor that addresses potential safety and health hazards and includes the requirements and procedures for employee protection. The HASP shall also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction. • All SMP measures shall be printed on the construction documents, contracts, and project plans prior to issuance of grading permits. Mitigation Measure HAZ-2: Prior to issuance of a building permit for a future building within the Specific Plan area, the Project applicant shall, at its election, undertake one of the following three activities: (1) perform a subsurface soil vapor assessment demonstrating that vapor concentrations are within established limits for vapor intrusion into future buildings; (2) prepare a human health risk assessment (HHRA) demonstrating that documented levels of soil vapor do not represent a significant health risk to occupants of the future buildings; or (3) submit plans for a vapor intrusion mitigation system (VIMS) to be installed beneath the foundation of the future buildings. The Project applicant may rely on different measures of the foregoing options in different parts of the Specific Plan area. Prior to issuance of a building permit City of Santa Ana Building Safety Division HYDROLOGY AND WATER QUALITY Plan, Program, or Policy PPP WQ-1: NPDES/SWPPP. Prior to issuance of any grading or demolition permits, the applicant shall provide the City Building and Safety Division evidence of compliance with the NPDES (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger. The Project applicant/proponent shall comply by submitting a Notice of Intent (NOI) and by developing and implementing a Stormwater Pollution Prior to issuance of a demolition or grading permits City of Santa Ana Building Safety Division City Council 26 – 177 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 21 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site. Plan, Program, or Policy PPP WQ-2: Groundwater Dewatering Permits. Prior to initiation of excavation activities, the Project applicant shall obtain coverage under the Santa Ana RWQCB General Waste Discharge Requirements for Discharges to Surface Waters Resulting from De Minimis Discharges or Groundwater Dewatering Operations, and/or Groundwater Cleanup/ Remediation Operations at Sites within the Newport Bay Watershed Permit (Order No. R8-2019-0061, NPDES No. CAG918002), or any other subsequent permit for dewatering activities, and provide evidence of coverage to the City of Santa Ana Building and Safety Division designee. This shall include submission of a Notice of Intent (NOI) for coverage under the permit to the Santa Ana Regional Water Quality Control Board (RWQCB) at least 60 days prior to the start of excavation activities and anticipated discharge of dewatered groundwater to surface waters. Groundwater dewatering activities shall comply with all applicable provisions in the permit, including water sampling, analysis, treatment (if required), and reporting of dewatering-related discharges. Upon completion of groundwater dewatering activities, a Notice of Termination shall be submitted to the Santa Ana RWQCB. Prior to issuance of a grading permit City of Santa Ana Building Safety Division Plan, Program, or Policy PPP WQ-3: WQMP. Prior to the approval of the Grading Plan and issuance of Grading Permits a completed Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Building and Safety Division. The WQMP shall identify all Post-Construction, Site Design. Source Control, and Treatment Control Best Management Practices (BMPs) that will be incorporated into the development project in order to minimize the adverse effects on receiving waters. Prior to issuance of a grading permit City of Santa Ana Building Safety Division City Council 26 – 178 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 22 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials NOISE GPU FEIR Mitigation Measure N-1: Construction contractors shall implement the following measures for construction activities conducted in the City of Santa Ana. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans submitted to the City: The City of Santa Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading and/or building permits. • Construction activity is limited to the hours: Between 7:00 a.m. to 8:00 p.m. Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. • During the entire active construction period, equipment and trucks used for project construction shall use the best-available noise control techniques (e.g., improved mufflers, equipment re-design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment such as generators and air compressors shall be located as far as feasible from nearby noise-sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise- sensitive receptors. • Construction traffic shall be limited to approved haul routes established by the City Public Works Agency. Exceptions to approved routes must be granted by the Public Works Agency before any modification to approved haul routes. Prior to issuance of demolition, grading, and/or building permits During demolition, grading/excavation, and construction activities City of Santa Ana Building Safety Division City Council 26 – 179 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 23 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the onsite construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. • During the entire active construction period and to the extent feasible, the use of noise-producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level, or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line-of-sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. GPU FEIR Mitigation Measure N-4: During the project-level California Environmental Quality Act (CEQA) process for industrial developments under the General Plan Update or other projects that could generate substantial vibration levels near sensitive uses, a noise and vibration analysis shall be conducted to assess and mitigate potential noise and vibration impacts related to the operations of that individual development. This noise and vibration Prior to issuance of grading and/or building permits City of Santa Ana Building Safety Division City Council 26 – 180 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 24 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents. Mitigation Measure NOI-1: Prior to the issuance of construction/grading permits, the Project Applicant shall obtain a permit from the City’s Building Safety Division to complete work outside the standard construction hours outlined in Santa Ana Municipal Code Section 18-314(e). In addition, the Project Applicant and/or contractor(s) shall develop a nighttime construction noise control plan that requires the following: Stationary equipment such as generators and air compressors shall adhere to the following: • Stationary equipment (e.g., generators, air compressors, etc.) shall be located 300 feet or more away from residences. • Stationary equipment shall be surrounded with noise barriers to achieve a minimum 10 dBA reduction. Alternatively, a temporary noise barrier may be used along the property line. Mobile equipment such as concrete mixer trucks, pump trucks shall adhere to the following: • The nighttime noise control plan shall prohibit mobile equipment and trucks from operating within the following distances to offsite sensitive receptors:  Phase 1: Trucks and equipment shall be 140 feet or more away from the Versailles residences along Plaza Drive.  Phase 2: No minimum distance required (Phase 2 is 410 feet from sensitive receptors and would not exceed thresholds).  Phase 3: Trucks and equipment shall be 150 feet or more away from the Versailles residences along Plaza Drive. Prior to issuance of grading and/or construction permits City of Santa Ana Building Safety Division City Council 26 – 181 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 25 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • The nighttime noise control plan shall prohibit mobile equipment and trucks from operating within the following distances to onsite sensitive receptors:  Phase 1: No minimum distance is required because no onsite receptors would be constructed prior to Phase 1.  Phase 2: Trucks and equipment shall be 150 feet or more away from Phase 1 onsite residences.  Phase 3: Trucks and equipment shall be 170 feet or more away from Phase 1 and Phase 2 onsite residences. Condition of Approval N-1: Onsite Traffic Noise. Prior to issuance of building permits for Phase 1, Phase 2, and Phase 3, a detailed acoustical study based on architectural plans shall be prepared by a qualified acoustical consultant to demonstrate compliance with General Plan Noise Element Standards. The acoustical study shall be submitted to the City’s Planning and Building Agency to demonstrate that all residential units would meet the City’s 65 dBA exterior noise standard and 45 dBA interior noise standard to the satisfaction of the Planning and Building Agency Executive Director. This complies with the applicable sections of the California Building Code (Title 24 of the California Code of Regulations). The necessary noise reductions may be achieved by implementing noise control measures at the receiver locations. The required noise attenuation measures shall be incorporated into the applicable building plans and specifications. Prior to issuance of building permits City of Santa Ana Planning and Building Agency TRIBAL CULTURAL RESOURCES Mitigation Measure TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. A. The Project Applicant shall retain a Native American monitor from or approved by the Gabrieleño Band of Mission Indians-Kizh Nation. The monitor shall be retained prior to the commencement of any “ground- disturbing activity” for the subject Project at any Project locations (i.e., both onsite and any offsite locations that are included in the Project description/ definition and/or required in connection with the proposed Prior to issuance of permits associated with ground-disturbing activities Monitoring during ground-disturbing activities City of Santa Ana Planning and Building Safety divisions City Council 26 – 182 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 26 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. B. A copy of the executed monitoring agreement shall be submitted to the Lead Agency prior to the earlier of the commencement of any ground- disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project Applicant upon written request to the Tribe. D. Onsite tribal monitoring shall conclude upon the earlier of the following (1) written confirmation to the Kizh from a designated point of contact for the Project Applicant or lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the Project Applicant or Lead Agency that no future, planned construction activity and/or development/construction phase at the Project site possesses the potential to impact Kizh TCRs. Mitigation Measure TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial) A. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 During ground disturbing activities City of Santa Ana Planning and Building Safety divisions City Council 26 – 183 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 27 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor in consultation with a qualified archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. In construction plans and Specifications. During all ground disturbing activities City of Santa Ana Planning and Building Safety divisions City Council 26 – 184 10/1/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 28 Final Supplemental EIR August 2024 This page intentionally left blank. City Council 26 – 185 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-3 Final Supplemental EIR September 2024 TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM RELATED BRISTOL SPECIFIC PLAN PROJECT FINAL SUPPLEMENTAL EIR Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials AIR QUALITY Plan, Program, or Policy PPP AQ-1: SCAQMD Rule 403. The following measures shall be incorporated into construction plans and specifications as implementation of SCAQMD Rule 403: o All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. o The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the mid-morning, afternoon, and after work is done for the day. o The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. Prior to demolition and construction permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP AQ-2: SCAQMD Rule 1113. The following measure shall be incorporated into construction plans and specifications as implementation of SCAQMD Rule 1113. The Project shall only use “Low- Volatile Organic Compounds (VOC)” paints (no more than 50 gram/liter of VOC) consistent with SCAQMD Rule 1113. Prior to demolition and construction permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP AQ-3: SCAQMD Rule 445. The following measure shall be incorporated into construction plans and specifications as implementation of SCAQMD Rule 445. Wood burning stoves and fireplaces shall not be included or used in residential dwelling units. Prior to demolition and construction permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP AQ-4: CALGreen Building Standards MERV 13 Filters. Indoor air quality within mechanically ventilated buildings shall comply with Section 5.504.5.3 (Filters) of the California Green Building Standards Code Part 11 that requires utilization of at least a Minimum Efficiency Reporting Value (MERV) of 13 air filtration systems. The Code Prior to issuance of certificates of occupancy City of Santa Ana Building Safety Division City Council 26 – 186 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-4 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials requires MERV 13 filters to be installed prior to occupancy and replaced and/or maintained as directed by the manufacturer. GPU FEIR Mitigation Measure AQ-1: Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction-related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction-related emissions could include, but are not limited to: • Require fugitive-dust control measures that exceed South Coast AQMD’s Rule 403, such as: o Use of nontoxic soil stabilizers to reduce wind erosion. o Apply water every four hours to active soil-disturbing activities. o Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower. • Ensure that construction equipment is properly serviced and maintained to the manufacturer’s standards. Prior to discretionary approval City of Santa Ana Building Safety Division City Council 26 – 187 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-5 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit onsite vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. Use Super-Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super- Compliant architectural coating manufactures can be found on the South Coast AQMD’s website. GPU FEIR Mitigation Measure AQ-2: Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the South Coast AQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: • For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. • Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate Prior to discretionary approval City of Santa Ana Building Safety Division City Council 26 – 188 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-6 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials applications to optimize renewable energy generation systems and avoid peak energy use. • Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code and Sec. 41-1307.1 of the Santa Ana Municipal Code. • Provide preferential parking spaces for low-emitting, fuel-efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant-provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star–certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star– certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Mitigation Measure AQ-1: Construction Exhaust and Dust Control. Prior to issuance of Phase 1, Phase 2, and Phase 3 grading permits, the Project Prior to issuance of grading permits City of Santa Ana Building Safety Division City Council 26 – 189 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-7 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Applicant shall prepare and submit documentation to the City of Santa Ana Building and Safety Division that demonstrates the following: • Require fugitive-dust control measures that exceed SCAQMD Rule 403 requirements: o Apply water at least three times daily to active soil-disturbing activities. o Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. o Limit onsite vehicle travel speeds on unpaved roads to 15 miles per hour. o Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • All off-road diesel-powered construction equipment greater than 50 horsepower meets California Air Resources Board Tier 4 Final off-road emissions standards. Requirements for Tier 4 Final equipment shall be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each equipment’s Best Available Control Technology (BACT) documentation (certified tier specification or model year specification), and CARB or SCAQMD operating permit (if applicable) shall be provided to the City at the time of mobilization of each applicable unit of equipment. • Construction equipment shall be properly maintained according to manufacturer specifications. All equipment maintenance records and data sheets, including design specifications and emission control tier classifications shall be kept onsite and furnished to the lead agency or other regulators upon request. • All construction equipment and delivery vehicles shall be turned off when not in use, or limit onsite idling for no more than 5 minutes in any 1 hour. City Council 26 – 190 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-8 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • Onsite electrical hook ups to a power grid shall be provided for electric construction tools including saws, drills, and compressors, where feasible, to reduce the need for diesel powered electric generators. Construction contracts shall require all off-road equipment with a power rating below 19 kilowatts (25 horsepower) (e.g., plate compactors, pressure washers, etc.) used during project construction be battery powered. • Prepare a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non-truck traffic. • Provide information on transit and ridesharing programs and services to construction employees. Mitigation Measure AQ-2: Low VOC Paint (Construction). Construction plans, specifications, and permitting shall require that during construction, the Project shall use “Super-Compliant” low VOC paints which have been reformulated to exceed the regulatory VOC limits (i.e., have a lower VOC content than what is required) put forth by SCAQMD’s Rule 1113 for all architectural coatings. Super-Compliant low VOC paints shall be no more than 10g/L of VOC. Prior to issuance of building permits, the City of Santa Ana shall confirm that plans include the following specifications: • All architectural coatings will be Super-Compliant low VOC paints. • Recycle leftover paint. Take any leftover paint to a household hazardous waste center; do not mix leftover water-based and oil- based paints. • Keep lids closed on all paint containers when not in use to prevent VOC emissions and excessive odors. • For water-based paints, clean up with water only. Whenever possible, do not rinse the cleanup water down the drain or pour it directly into Prior to issuance of construction permits related to architectural coatings City of Santa Ana Building Safety Division City Council 26 – 191 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-9 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials the ground or the storm drain. Set aside the can of cleanup water and take it to the hazardous waste center (www.cleanup.org). • Use compliant low-VOC cleaning solvents to clean paint application equipment. • Keep all paint- and solvent-laden rags in sealed containers to prevent VOC emissions. • Contractors shall construct/build with materials that do not require painting and use pre-painted construction materials to the extent practicable. • Use high-pressure/low-volume paint applicators with a minimum transfer efficiency of at least 50 percent or other application techniques with equivalent or higher transfer efficiency. Mitigation Measure AQ-3: Vehicle Trip Reduction. Develop a qualifying Commute Trip Reduction (CTR)/ Transportation Demand Management (TDM) plan to reduce mobile GHG emissions for all uses. The TDM plan shall be approved by the City of Santa Ana prior to the issuance of building permits. The TDM plan shall discourage single-occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking. The following measures shall be incorporated into the TDM plan. TDM Requirements for Non-Residential Uses: • The Project Applicant shall consult with the local transit service provider to maintain and identify opportunities to maximize transit. Evidence of compliance with this requirement may include correspondence from the local transit provider(s) regarding the potential need for installing bus shelters or bus stops at the site. • The portion of the TDM plan for non-residential uses shall include, but not be limited to the following potential measures: ride-matching assistance, preferential carpool parking, flexible work schedules for carpools, half-time transportation coordinators, providing a web site or message board for coordinating rides, designating adequate Prior to the issuance of building permits City of Santa Ana Planning Division City Council 26 – 192 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-10 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials passenger loading and unloading and waiting areas for ride-sharing vehicles, and including bicycle end of trip facilities (such as bicycle parking and changing/shower facilities). This list may be updated as new methods become available. Verification of this measure shall occur prior to building permit issuance for the commercial uses. TDM Requirements for Residential Units: • Rental Units. Upon a residential dwelling being rented or offered for rent, the Project Applicant shall notify and offer to the tenant or prospective tenant, materials describing public transit, ridesharing, and nonmotorized commuting opportunities in the vicinity of the development. The materials shall be approved by the City of Santa Ana. The materials shall be provided no later than the time the rental agreement is executed. This information shall be submitted to the City of Santa Ana Planning Division for review and approval, prior to the issuance of the first certificate of occupancy. Mitigation Measure AQ-4: Prohibition of Fireplaces. Project plans, specifications, and permitting shall state that wood-burning and natural gas devices are prohibited inside residential dwelling units. The purpose of this measure is to limit emissions of ROG, NOX, and particulate matter emissions from wood-burning and natural gas devices used for primary heat, supplemental heat, or ambiance. This prohibition shall be noted on the tenant deed and/or lease agreements to ensure that installation of wood-burning and natural gas devices do not occur during occupation of residences. Prior to issuance of building permits City of Santa Ana Building Safety Division Mitigation Measure AQ-5: Electric Landscape Equipment. Prior to the issuance of occupancy permits, the Planning Division shall confirm that the proposed Project’s Codes Covenants and Restrictions (CC&Rs) and/or tenant lease agreements include contractual language that all landscaping equipment used on site shall be 100 percent electrically powered. All residential and non-residential properties shall be equipped with exterior electrical outlets to accommodate this requirement. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. Prior to the issuance of certificates of occupancy. City of Santa Ana Building Safety Division City Council 26 – 193 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-11 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Mitigation Measure AQ-6: Low VOC Paint (Operations). The Project Applicant shall require by contract specifications for commercial development to use interior and exterior architectural coatings (paint and primer including parking lot paint) products that have a volatile organic compound rating of 10 grams per liter or less. Contract specifications shall be reviewed and approved by the City of Santa Ana prior to the issuance of occupancy permits. This measure shall be made a condition of approval for continued upkeep of the property. Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division Mitigation Measure AQ-7: Loading Dock Connections. Prior to the approval of building permits, the City of Santa Ana shall confirm the construction documents demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. Prior to issuance of building permits. City of Santa Ana Building Safety Division CULTURAL RESOURCES GPU FEIR Mitigation Measure CUL-1: Identification of Historical Resources and Potential Project Impacts. For structures 45 years or older, a Historical Resources Assessment (HRA) shall be prepared by an architectural historian or historian meeting the Secretary of the Interior’s Professional Qualification Standards. The HRA shall include: definition of a study area or area of potential effect, which will encompass the affected property and may include surrounding properties or historic district(s); an intensive level survey of the study area to identify and evaluate under federal, State, and local criteria significance historical resources that might be directly or indirectly affected by the proposed project; and an assessment of project impacts. The HRA shall satisfy federal and state guidelines for the identification, evaluation, and recordation of historical resources. An HRA is not required if an existing historic resources survey and evaluation of the property is available; however, if the existing survey and evaluation is more than five years old, it shall be updated. Prior to issuance of grading permits. If the existing survey and evaluation is more than five years old, it shall be updated. City of Santa Ana Building Safety Division GPU FEIR Mitigation Measures CUL-4: For projects with ground disturbance—e.g., grading, excavation, trenching, boring, or demolition that extend below the current grade—prior to issuance of any permits required to conduct ground-disturbing activities, the City shall require an Prior to issuance of permits required to conduct ground- disturbing activities City of Santa Ana Building Safety Division City Council 26 – 194 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-12 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior’s Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. GPU FEIR Mitigation Measures CUL-6: If the archaeological assessment did not identify archaeological resources but found the area to be highly sensitive for archaeological resources, a qualified archaeologist and a Native American monitor approved by a California Native American Tribe identified by the Native American Heritage Commission as culturally affiliated with the project area shall monitor all ground-disturbing construction and pre- construction activities in areas with previously undisturbed soil of high sensitivity. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial onsite safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. The Native American monitor shall be invited to participate in this training. In the event that archaeological resources (artifacts or features) are exposed during ground- disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary’s Standards. and This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource. Prior to issuance of grading permits Monitoring during ground-disturbing activities City of Santa Ana Building Safety Division City Council 26 – 195 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-13 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. Mitigation Measure CR-1: If a resource is determined significant, the Project Applicant, qualified archaeologist, and tribal monitors (as included in MM TCR-1) Native American tribal representative shall meet and confer regarding the treatment measures and mitigation for such resources. Pursuant to PRC Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources and may include deeding archaeological resources into permanent conservation easements or planning parks, greenspace, or other open space to incorporate archaeological resources. If preservation in place or avoidance is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis of the artifacts that are recovered. The methods and results of the data recovery excavations shall be included in the monitoring report that is described in MM CR-2. The report shall include a description of resources recovered, treatment of the resources, results of the artifact processing, analysis, and research, and evaluation of the resources with respect to the California Register of Historical Resources and CEQA. Construction activities in the immediate vicinity of the discovery can resume once the fieldwork component of the treatment measures has been implemented. These treatment measures and mitigation shall reduce any significant impacts by ensuring that either the resource is preserved in place or is removed prior to its destruction by construction activities. Prior to initiation of grading/ground- disturbing activities City of Santa Ana Building Safety Division Mitigation Measure CR-2: After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City and to the SCCIC at the University California, Fullerton. After completion of monitoring activities. City of Santa Ana Building Safety Division City Council 26 – 196 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-14 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials GEOLOGY AND SOILS Plan, Program, or Policy PPP GEO-1: CBC Compliance. The proposed Project is required to comply with the California Building Standards Code (CBC) as included in the City’s Municipal Code as Chapter 8, Article 2, Division 1, to preclude significant adverse effects associated with seismic and soils hazards. As part of CBC compliance, CBC related and geologist and/or civil engineer specifications for the proposed Project shall be incorporated into grading plans and building specifications as a condition of construction permit approval. Prior to issuance of grading and building permits City of Santa Ana Building Safety Division GPU FEIR Mitigation Measures GEO-2: Low-to-High Sensitivity. Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with “low- to-high” paleontological sensitivity (see Figure 5.6-3), the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. Prior to issuance of grading permits; See MM GEO-3 City of Santa Ana Building Safety Division GPU FEIR Mitigation Measures GEO-3: All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a Qualified Paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County (NHMLA). The repository shall be identified, and a curatorial arrangement shall be signed, prior to collection of the fossils. During all ground disturbing activities City of Santa Ana Building Safety Division Mitigation Measure GEO-1: Incorporation of and Compliance with a Design Level Geotechnical Report. A final design level geotechnical report that complies with all applicable state and local code requirements shall be prepared for each Project structure by a California licensed qualified Prior to issuance of grading permits City of Santa Ana Building Safety Division City Council 26 – 197 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-15 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials geotechnical engineer consistent with the California Building Code and City of Santa Ana requirements applicable at the time of grading/construction and shall include recommendations related to site grading and earthwork, fill materials, compaction, foundations, and other structural elements. The report recommendations shall be included in construction specifications and permits; and confirmed through onsite inspections. Mitigation Measure GEO-2: Implementation of Geotechnical Recommendations for Groundwater and Expansive Soils. Project plans, grading specifications, and construction permitting shall incorporate site specific earthwork and ground improvement requirements related to groundwater saturated soils and expansive soils consistent with the California Building Code and City of Santa Ana requirements applicable at the time of grading/construction as stated in a design level geotechnical report and approved by the City’s Building and Safety Division. This shall include recommendations related to discovery of groundwater, wet soils, or unstable soils during grading, stabilization, dewatering, fill materials, and foundations. Prior to issuance of grading permits City of Santa Ana Building Safety Division Mitigation Measure PALEO-1: Retention of a Qualified Paleontologist. Project plans, grading specifications, and construction permitting shall ensure that prior to the start of excavation, the client shall retain a Qualified Paleontologist who meets the professional criteria established by the Society of Vertebrate Paleontology (SVP 2010) to oversee the implementation of all paleontological resources mitigation requirements for the proposed Project. In Prior to any grading permits City of Santa Ana Building Safety Division Mitigation Measure PALEO-2: Paleontological Resources Sensitivity Training. Project plans, grading specifications, and construction permitting shall ensure that prior to the start of excavations, the Qualified Paleontologist, or their designee, shall conduct paleontological resources awareness training for onsite personnel. The training session shall focus on how to identify paleontological resources that may be encountered during excavations and the procedures to be followed in the event of their discovery. The City shall ensure onsite personnel are made available for and attend the training and retain documentation demonstrating attendance. Inclusion in Project plans, grading specifications, and construction permitting prior to issuance of grading permits Prior to initiation of grading/ground- disturbing activities. City of Santa Ana Building Safety Division City Council 26 – 198 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-16 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Mitigation Measure PALEO-3: Paleontological Monitoring. Project plans, grading specifications, and construction permitting shall detail that paleontological resources monitoring shall be required for excavations below 20 feet below ground surface (bgs). Paleontological monitoring shall be conducted by a monitor who meets the professional criteria established by the Society of Vertebrate Paleontology working under the direct supervision of the Qualified Paleontologist. Monitoring can be reduced, or ceased entirely, if determined adequate by the Qualified Paleontologist. Recommendations for reduction or cessation of monitoring will be based on a more accurate understanding of the lithologic character and age of the sediments exposed during excavation. If deeper excavations continue to encounter younger, Holocene alluvium, monitoring shall be reduced from full- time to part-time monitoring or weekly inspections. If the Qualified Paleontologist determines, based on the lithologic character of the sediments, that there is very little likelihood of impacting Pleistocene marine sediments, paleontological monitoring shall cease entirely. The paleontological monitor shall collect any identifiable fossils encountered during the excavations. If onsite personnel discover potential fossils during excavations when a paleontological monitor is not present, they shall cease excavation within 50 feet of the discovery and contact the Qualified Paleontologist. Construction activities may resume after the discovery is assessed by the Qualified Paleontologist and appropriate treatment measures have been implemented. Prior to issuance of grading permits During ground-disturbing activities at 20 feet bgs. City of Santa Ana Building Safety Division Mitigation Measure PALEO-4: Paleontological Resources Treatment and Disposition. Project plans, grading specifications, and construction permitting shall require that significant fossils be prepared to the point of identification and cataloged. Significant fossils shall be curated at a public, non-profit institution with a research interest in the material and with retrievable storage, such as the Natural History Museum of Los Angeles County, if such an institution agrees to accept the fossils. If no institution accepts the fossil collection, then the fossils may be donated to a local museum, historical society, school, or other institution for educational purposes. Accompanying notes, reports, maps, and photographs shall also be filed with the final repository. Inclusion in Project plans, grading specifications, and construction permitting prior to issuance of grading permits Upon completion of monitoring City of Santa Ana Building Safety Division City Council 26 – 199 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-17 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Mitigation Measure PALEO-5: Paleontological Resources Monitoring Report. Project plans, grading specifications, and construction permitting shall ensure that upon completion of the excavation phase of the Project, the Qualified Paleontologist shall prepare a report summarizing the results of the monitoring efforts. The report shall be submitted to the City to signify the satisfactory completion of required paleontological mitigation measures. If significant fossils are discovered, the report shall also be submitted to the appropriate repositories. Inclusion in Project plans, grading specifications, and construction permitting prior to issuance of grading permits Upon completion of monitoring City of Santa Ana Building Safety Division GREENHOUSE GAS EMISSIONS Mitigation Measure GHG-1: Solar Panels. The Project shall be required to install solar photovoltaic (PV) panels or other source of renewable electricity generation on-site, based on the maximum roof area available for solar (i.e., solar-ready zone). The solar-ready zone shall comply with Section 110.10 of the 2022 California Energy Code and shall comply with access, pathway, ventilation, and spacing requirements, and exclude skylight area. The final PV generation facility size requires approval by Southern California Edison (SCE). SCE’s Rule 21 governs operating and metering requirements for any facility connected to SCE’s distribution system. Should SCE limit the offsite export, the proposed Project may utilize a battery energy storage system (BESS) to lower offsite export while maintaining onsite renewable generation to off-set consumption. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage. The schedule of photovoltaic system locations may be updated as needed. Shown on building plans Prior to certificates of occupancy, as applicable City of Santa Ana Building Safety Division Mitigation Measure GHG-2: LEED, Charging Stations, and Bus Stops. Prior to the issuance of a Phase 1, Phase 2, or Phase 3 building permits, the Project Applicant or successor in interest shall provide documentation to the City of Santa Ana demonstrating the following: • The Project shall be designed to achieve Leadership in Energy and Environmental Design (LEED) certification. It shall also be designed consistent with CALGreen Tier 2 standards or will otherwise achieve a 20% reduction below 2022 Title 24 energy efficiency standards. Prior to issuance of building permits City of Santa Ana Building Safety Division City Council 26 – 200 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-18 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials The 2022 version of Title 24 (effective January 1, 2023, prior to the July 2024 Supplement) is the baseline for improvement. • The Project shall provide facilities to support electric charging stations per the Tier 2 standards in Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the 2022 CALGreen Code. The 2022 version of Title 24 (effective January 1, 2023, prior to the July 2024 Supplement) is the baseline for improvement. • The Applicant shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Mitigation Measure GHG-3: Landfill Waste. The development (Phase 1, Phase 2, and Phase 3) shall divert a minimum of 75 percent of landfill waste. Prior to issuance of certificate of occupancy, a recyclables collection and load area shall be constructed in compliance with the City standards for Recyclable Collection and Loading Areas. During construction Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division Mitigation Measure GHG-4: Electrical Landscape Equipment. Prior to the issuance of Phase 1, Phase 2, or Phase 3 occupancy permits, the City Planning and Building and Safety Divisions shall confirm that tenant lease agreements include contractual language that all landscaping equipment used on site shall be 100 percent electrically powered. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division Mitigation Measure GHG-5: Energy Efficient Appliances. All major applicant provided in-unit residential appliances (e.g., dishwashers, refrigerators, clothes washers and dryers, water heaters, and for space heating) provided/installed shall be electric (i.e., appliances that do not use natural gas, propane, or other fossil fuels) and Energy Star certified or of equivalent energy efficiency where applicable. Prior to the issuance of the certificate of occupancy, the City of Santa Ana shall verify implementation of this requirement. Installation of electric Energy Star–certified or equivalent appliances shall be verified by the Building Safety Division during plan check. Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division City Council 26 – 201 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-19 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials HAZARDS AND HAZARDOUS MATERIALS Plan, Program, or Policy PPP HAZ-1: SCAQMD Rule 1403. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that an asbestos survey has been conducted at all existing buildings located on the Project site. If asbestos or asbestos containing material is found, the Project applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) Rule 1403. Rule 1403 regulations require that the following actions be taken: notification of SCAQMD prior to construction activity, asbestos removal in accordance with prescribed procedures, placement of collected asbestos in leak-tight containers or wrapping, and proper disposal. Prior to issuance of demolition permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP HAZ-1: Lead. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that a lead-based paint survey has been conducted at all existing buildings located on the Project site. If lead-based paint is found, the Project applicant shall follow all procedural requirements and regulations for proper removal and disposal of the lead-based paint. CalOSHA has established limits of exposure to lead contained in dusts and fumes. Specifically, CCR Title 8, Section 1532.1 provides for exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. Prior to issuance of demolition permits City of Santa Ana Building Safety Division Mitigation Measure HAZ-1: Prior to issuance of a grading permit, a Soil Management Plan (SMP) shall be prepared by a qualified hazardous materials consultant and shall detail procedures and protocols for excavation and disposal of onsite hazardous materials, including: • Any subsurface materials exposed during construction activities that appear potentially contaminated, based on either visual observation or suspect odors, shall be segregated, stockpiled, and tested for potential contamination. If contamination is found to be present per the California Department of Toxic Substances Control (DTSC) Environmental Screening Levels (ESLs) for the applicable use, and cannot be reused on the Project site, it shall be transported by a Prior to grading permits City of Santa Ana Building Safety Division City Council 26 – 202 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-20 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials certified hazardous waste hauler to a landfill permitted by the state to accept hazardous materials and disposed of per California Hazardous Waste Regulations. • A Health and Safety Plan (HASP) shall be prepared for each contractor that addresses potential safety and health hazards and includes the requirements and procedures for employee protection. The HASP shall also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction. • All SMP measures shall be printed on the construction documents, contracts, and project plans prior to issuance of grading permits. Mitigation Measure HAZ-2: Prior to issuance of a building permit for a future building within the Specific Plan area, the Project applicant shall, at its election, undertake one of the following three activities: (1) perform a subsurface soil vapor assessment demonstrating that vapor concentrations are within established limits for vapor intrusion into future buildings; (2) prepare a human health risk assessment (HHRA) demonstrating that documented levels of soil vapor do not represent a significant health risk to occupants of the future buildings; or (3) submit plans for a vapor intrusion mitigation system (VIMS) to be installed beneath the foundation of the future buildings. The Project applicant may rely on different measures of the foregoing options in different parts of the Specific Plan area. Prior to issuance of a building permit City of Santa Ana Building Safety Division HYDROLOGY AND WATER QUALITY Plan, Program, or Policy PPP WQ-1: NPDES/SWPPP. Prior to issuance of any grading or demolition permits, the applicant shall provide the City Building and Safety Division evidence of compliance with the NPDES (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger. The Project applicant/proponent shall comply by submitting a Notice of Intent (NOI) and by developing and implementing a Stormwater Pollution Prior to issuance of a demolition or grading permits City of Santa Ana Building Safety Division City Council 26 – 203 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-21 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site. Plan, Program, or Policy PPP WQ-2: Groundwater Dewatering Permits. Prior to initiation of excavation activities, the Project applicant shall obtain coverage under the Santa Ana RWQCB General Waste Discharge Requirements for Discharges to Surface Waters Resulting from De Minimis Discharges or Groundwater Dewatering Operations, and/or Groundwater Cleanup/ Remediation Operations at Sites within the Newport Bay Watershed Permit (Order No. R8-2019-0061, NPDES No. CAG918002), or any other subsequent permit for dewatering activities, and provide evidence of coverage to the City of Santa Ana Building and Safety Division designee. This shall include submission of a Notice of Intent (NOI) for coverage under the permit to the Santa Ana Regional Water Quality Control Board (RWQCB) at least 60 days prior to the start of excavation activities and anticipated discharge of dewatered groundwater to surface waters. Groundwater dewatering activities shall comply with all applicable provisions in the permit, including water sampling, analysis, treatment (if required), and reporting of dewatering-related discharges. Upon completion of groundwater dewatering activities, a Notice of Termination shall be submitted to the Santa Ana RWQCB. Prior to issuance of a grading permit City of Santa Ana Building Safety Division Plan, Program, or Policy PPP WQ-3: WQMP. Prior to the approval of the Grading Plan and issuance of Grading Permits a completed Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Building and Safety Division. The WQMP shall identify all Post-Construction, Site Design. Source Control, and Treatment Control Best Management Practices (BMPs) that will be incorporated into the development project in order to minimize the adverse effects on receiving waters. Prior to issuance of a grading permit City of Santa Ana Building Safety Division City Council 26 – 204 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-22 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials NOISE GPU FEIR Mitigation Measure N-1: Construction contractors shall implement the following measures for construction activities conducted in the City of Santa Ana. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans submitted to the City: The City of Santa Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading and/or building permits. • Construction activity is limited to the hours: Between 7:00 a.m. to 8:00 p.m. Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. • During the entire active construction period, equipment and trucks used for project construction shall use the best-available noise control techniques (e.g., improved mufflers, equipment re-design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment such as generators and air compressors shall be located as far as feasible from nearby noise-sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise- sensitive receptors. • Construction traffic shall be limited to approved haul routes established by the City Public Works Agency. Exceptions to approved routes must be granted by the Public Works Agency before any modification to approved haul routes. Prior to issuance of demolition, grading, and/or building permits During demolition, grading/excavation, and construction activities City of Santa Ana Building Safety Division City Council 26 – 205 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-23 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the onsite construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. • During the entire active construction period and to the extent feasible, the use of noise-producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level, or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line-of-sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. GPU FEIR Mitigation Measure N-4: During the project-level California Environmental Quality Act (CEQA) process for industrial developments under the General Plan Update or other projects that could generate substantial vibration levels near sensitive uses, a noise and vibration analysis shall be conducted to assess and mitigate potential noise and vibration impacts related to the operations of that individual development. This noise and vibration Prior to issuance of grading and/or building permits City of Santa Ana Building Safety Division City Council 26 – 206 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-24 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents. Mitigation Measure NOI-1: Prior to the issuance of construction/grading permits, the Project Applicant shall obtain a permit from the City’s Building Safety Division to complete work outside the standard construction hours outlined in Santa Ana Municipal Code Section 18-314(e). In addition, the Project Applicant and/or contractor(s) shall develop a nighttime construction noise control plan that requires the following: Stationary equipment such as generators and air compressors shall adhere to the following: • Stationary equipment (e.g., generators, air compressors, etc.) shall be located 300 feet or more away from residences. • Stationary equipment shall be surrounded with noise barriers to achieve a minimum 10 dBA reduction. Alternatively, a temporary noise barrier may be used along the property line. Mobile equipment such as concrete mixer trucks, pump trucks shall adhere to the following: • The nighttime noise control plan shall prohibit mobile equipment and trucks from operating within the following distances to offsite sensitive receptors:  Phase 1: Trucks and equipment shall be 140 feet or more away from the Versailles residences along Plaza Drive.  Phase 2: No minimum distance required (Phase 2 is 410 feet from sensitive receptors and would not exceed thresholds).  Phase 3: Trucks and equipment shall be 150 feet or more away from the Versailles residences along Plaza Drive. Prior to issuance of grading and/or construction permits City of Santa Ana Building Safety Division City Council 26 – 207 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-25 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • The nighttime noise control plan shall prohibit mobile equipment and trucks from operating within the following distances to onsite sensitive receptors:  Phase 1: No minimum distance is required because no onsite receptors would be constructed prior to Phase 1.  Phase 2: Trucks and equipment shall be 150 feet or more away from Phase 1 onsite residences.  Phase 3: Trucks and equipment shall be 170 feet or more away from Phase 1 and Phase 2 onsite residences. Condition of Approval N-1: Onsite Traffic Noise. Prior to issuance of building permits for Phase 1, Phase 2, and Phase 3, a detailed acoustical study based on architectural plans shall be prepared by a qualified acoustical consultant to demonstrate compliance with General Plan Noise Element Standards. The acoustical study shall be submitted to the City’s Planning and Building Agency to demonstrate that all residential units would meet the City’s 65 dBA exterior noise standard and 45 dBA interior noise standard to the satisfaction of the Planning and Building Agency Executive Director. This complies with the applicable sections of the California Building Code (Title 24 of the California Code of Regulations). The necessary noise reductions may be achieved by implementing noise control measures at the receiver locations. The required noise attenuation measures shall be incorporated into the applicable building plans and specifications. Prior to issuance of building permits City of Santa Ana Planning and Building Agency TRIBAL CULTURAL RESOURCES Mitigation Measure TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. A. The Project Applicant shall retain a Native American monitor from or approved by the Gabrieleño Band of Mission Indians-Kizh Nation. The monitor shall be retained prior to the commencement of any “ground- disturbing activity” for the subject Project at any Project locations (i.e., both onsite and any offsite locations that are included in the Project description/ definition and/or required in connection with the proposed Prior to issuance of permits associated with ground-disturbing activities Monitoring during ground-disturbing activities City of Santa Ana Planning and Building Safety divisions City Council 26 – 208 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-26 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. B. A copy of the executed monitoring agreement shall be submitted to the Lead Agency prior to the earlier of the commencement of any ground- disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project Applicant upon written request to the Tribe. D. Onsite tribal monitoring shall conclude upon the earlier of the following (1) written confirmation to the Kizh from a designated point of contact for the Project Applicant or lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the Project Applicant or Lead Agency that no future, planned construction activity and/or development/construction phase at the Project site possesses the potential to impact Kizh TCRs. Mitigation Measure TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial) A. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 During ground disturbing activities City of Santa Ana Planning and Building Safety divisions City Council 26 – 209 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-27 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor in consultation with a qualified archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. In construction plans and Specifications. During all ground disturbing activities City of Santa Ana Planning and Building Safety divisions City Council 26 – 210 10/1/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-28 Final Supplemental EIR September 2024 This page intentionally left blank. City Council 26 – 211 10/1/2024 Resolution No. 2024-XXX Page 1 of 5 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS WHEREAS, Steven Oh, with RCR Bristol, LLC (“Applicant”), on behalf of Greenville Ranch LLC, BSG West Bristol LLC, and MCG Bristol West LLC (“Property Owners”), is requesting adoption of the Related Bristol Specific Plan (SP No. 5) a change of zone for the Project Site to the new Related Bristol Specific Plan (SP No. 5) designation to facilitate the construction of a mixed-use development (“Project”), known as the Related Bristol Specific Plan Project, at 3600 Bristol Street (“Project Site”); and WHEREAS, the Project entails, among other things, (1) demolition of the existing sixteen (16) structures on the Project Site; (2) the establishment of a new Related Bristol Specific Plan (SP No. 5) and a change of zone for the Project Site to the new Related Bristol Specific Plan (SP No. 5) designation; (3) redevelopment of the Project Site into 3,750 residential units, up to 350,000 square feet of commercial space, 250 hotel rooms, and 200 senior care units, including 6,520 onsite parking spaces, and 13.1 acres of onsite open space; and (4) approval of Vesting Tentative Tract Map (“VTTM”) No. 2023-01; and WHEREAS, the City of Santa Ana (“City”) is located partially within the area contained within the scope of the Airport Environs Land Use Plan for John Wayne Airport (the “AELUP”); and WHEREAS, consistent with the requirements of California Public Utilit ies Code Section 21676 et seq., because a portion of the proposed Related Bristol Specific Plan (SP No. 5) is within the area covered by the AELUP, subsequent to its introduction, the Related Bristol Specific Plan (SP No. 5) was submitted to the Orange County Airport Land Use Commission (the “ALUC”) for consideration of the Specific Plan’s consistency with the AELUP; and WHEREAS, at its meeting on July 20, 2023, the ALUC determined that the Related Bristol Specific Plan (SP No. 5) is inconsistent with the AELUP; and WHEREAS, on August 31, 2023 and September 26, 2023, the City provided a notice of intent to overrule ALUC’s determination of inconsistency pursuant to California Public Utilities Code section 21676, subdivision (b); and WHEREAS, on October 24, 2023, ALUC provided a response to the City’s notice of intent to overrule ALUC’s consistency determination and submitted additional comments; and City Council 26 – 212 10/1/2024 Resolution No. 2024-XXX Page 2 of 5 WHEREAS, pursuant to California Public Utilities Code S ections 21670 and 21676, if an ALUC determines that a proposed adoption or amendment of a specific plan or zoning ordinance is inconsistent with an AELUP, the referring local agency may, after a public hearing, propose to overrule the ALUC by a two -thirds vote of its governing body, upon making specific findings that the proposed action is consistent with the purposes of the Public Utilities Code Section 21670; and WHEREAS, pursuant to City Council direction given at a City Council meeting on August 29, 2023, City staff has provided appropriate notice of the City Council’s intent to override the ALUC’s determination; and WHEREAS, on September 17, 2024, the City Council held a duly-noticed public hearing regarding the City Council’s intent to overrule the ALUC’s determination of inconsistency, after which the item was continued to the regularly-scheduled City Council meeting of October 1, 2024; and WHEREAS, the City Council finds that the Specific Plan is in the best interests of the City and is consistent with the purposes set forth in Public Utilities Code Section 21670. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City prepared a Draft Supplemental Environmental Impact Report (“SEIR”) that analyzed the Project’s environmental impacts in accord with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the “CEQA Guidelines”), and the City’s Local CEQA Guidelines. The Draft SEIR was made available for public review for 45 days between July 6, 2023 and August 21, 2023. The document was made available online at the City of Santa Ana website and available for review at City Hall and the City of Santa Ana Public Library in hard copy form. In response to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 1, 2024. The Final SEIR in the City Council Resolution approving the Final SEIR is incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. 2020029087), adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in the City Council Resolution as if fully set forth herein. Section 2. The City Council is required to provide findings of fact supporting the overrule of ALUC’s determination of inconsistency as required by California Public Utilities Code Section 21676, subdivision (b). The City Council of the City of Santa Ana hereby City Council 26 – 213 10/1/2024 Resolution No. 2024-XXX Page 3 of 5 adopts the findings set forth in Exhibit “A” to this Resolution, attached hereto and incorporated herein by this reference (the “Findings”). Section 3. Based on these Findings and the associated substantial evidence in the public record, the City Council of the City of Santa Ana hereby finds that the proposed action by the City on the Related Bristol Specific Plan (SP No. 5) is consistent with the purposes of the State Aeronautics Act as stated in California Public Utilities Code Section 21670, and consistent with the AELUP. Section 4. Based on the above evidence and Findings made, and the remainder of the record in this matter, the City Council of the City of Santa Ana hereby overrules the ALUC's determination that the Related Bristol Specific Plan (SP No. 5) is inconsistent with AELUP. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. Section 6. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings. Section 7. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitra tions, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challeng e, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 10 94.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel provi ding the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall coope rate with Applicant in the defense of the Action. Section 8. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any City Council 26 – 214 10/1/2024 Resolution No. 2024-XXX Page 4 of 5 court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Santa Ana hereby declares that it would have adopted this Resolution 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 1st day of October, 2024. _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: SONIA R. Carvalho City Attorney By:_______________________________ Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: ________________________________________ NOES: Councilmembers: ________________________________________ ABSTAIN: Councilmembers: ________________________________________ NOT PRESENT: Councilmembers:________________________________________ City Council 26 – 215 10/1/2024 Resolution No. 2024-XXX Page 5 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on October 1, 2024. Date: ________________ _____________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 26 – 216 10/1/2024 Resolution No. 2024-XXX Page 6 of 18 EXHIBIT A FINDINGS OF FACT SUBJECT: CITY OF SANTA ANA NOTICE OF INTENT TO OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION OF INCONSISTENCY FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT I. INTRODUCTION The City of Santa Ana (“City”) is required to provide findings supporting the overrule of the Orange County Airport Land Use Commission' s (" ALUC") determination of inconsistency as required in the California Public Utilities Code ("PUC") Section 21676(b). Based on the following Findings of Fact and the associated substantial evidence in the public record, the proposed action by the City on the Related Bristol Specific Plan Project ("Project") is consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670, which provides, in relevant part: It is the purpose of this article to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses." Specifically, the City's proposed action on the Project provides for the orderly development of John Wayne Airport (" JWA"), and its surrounding area and promotes the overall goals and objectives of the State noise standards by avoiding new noise and safety problems, and protecting the public health, safety and welfare through the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards to the extent that this area is not already devoted to incompatible uses. II. FRAMEWORK It is in the public interest to: ( 1) provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to ( 2) promote the overall goals and objectives of the California airport noise standards adopted pursuant to PUC Section 21669 and to ( 3) prevent the creation of new noise and safety problems. A. To provide for the orderly development of JWA and the area surrounding the airport, the ALUC adopted the 2008 Airport Environs Land Use Plan for John Wayne Airport (" JWA AELUP") on April 17, 2008. The JWA AELUP guides development proposals to provide for orderly development of the airport and the area surrounding the airport through implementation of the standards in Section City Council 26 – 217 10/1/2024 Resolution No. 2024-XXX Page 7 of 18 2.1 (aircraft noise, safety compatibility zones, building height restrictions). B. The ALUC also adopted a separate Airport Environs Land Use Plan for Heliports (“Heliports AELUP") on June 19, 2008. C. The ALUC is required to use the California Airport Land Use Planning Handbook (“Handbook") that was updated by the California Department of Transportation, Division of Aeronautics (" Caltrans") in 2011. Neither the JWA AELUP nor the Heliports AELUP have been updated to incorporate the Handbook's guidance. Likewise, the JWA AELUP has not been updated with information about the operation and environmental effects of JWA as reflected in its most recent Final Environmental Impact Report ("EIR"), certified by the Orange County Board of Supervisors on June 25, 2019 for the General Aviation Improvement Program ("GAIP"). D. The City of Santa Ana is required to provide findings supporting the overrule of the Orange County ALUC determination as required in PUC Section 21676(b). Based on the following Findings of Fact and the associated substantial evidence in the public record, the proposed action by the City on the Project at 3600 South Bristol Street and related zoning change (amendment application) are consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670. E. The proposed Project provides for the orderly development of JWA, and its surrounding area and promotes the overall goals and objectives of the State noise standards by avoiding new noise and safety problems, and protecting the public health, safety and welfare through the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards to the extent that this area is not already devoted to incompatible uses. This Project would not add any new residential or commercial noise impacts to the JWA 65 dBA Community Noise Equivalent Level (CNEL) noise area. F. As the Project proposes a zone change and adoption of a Specific Plan, and pursuant to PUC Section 21676, the City of Santa Ana referred the proposed Project to the ALUC for review. G. The ALUC has adopted FAR Part 77 as the criteria for determining height restrictions in Orange County. FAR Part 77 requires notification to FAA for any project that would be more than 200 feet in height above ground level or within the imaginary surface of a 100:1 slope extending outward for 20,000 feet from the nearest runway. Here, the Project site is located within the 206-foot-high imaginary surface area for JWA, and the proposed mixed-use buildings that are a part of the Project would be a maximum of 25 stories high, with the tallest point on the buildings being 285 feet above the existing ground level. Thus, FAA notification is required. H. On July 20, 2023, the City of Santa Ana presented the Project to the ALUC for a determination of consistency with the JWA AELUP. City Council 26 – 218 10/1/2024 Resolution No. 2024-XXX Page 8 of 18 I. The ALUC staff report for that hearing recommended that the ALUC find the proposed Project consistent with AELUP issues of aircraft noise, flight tracks and safety, and heliports. The staff report noted that with regard to AELUP issues of height restrictions, the Project is inconsistent per Section 3.2.1 of the AELUP, which states that “within the boundaries of the AELUP, any land use may be found to be inconsistent with the AELUP which…permits structures of excessive height in areas which would affect adversely the continued operation of the airport; or permit activities or facilities that would affect adversely aeronautical operations.” The proposed Project would allow buildings up to 25 stories and/or 285 feet, which would penetrate the FAR Part 77 Horizontal Obstruction Imaginary Surface for JWA. J. On July 20, 2023, the ALUC held a public hearing and, by unanimous vote, adopted a resolution finding the Project inconsistent with the AELUP for the stated reasons set forth in the staff report. K. The City of Santa Ana has the general police power to control land use within its territorial jurisdiction. (Cal. Const., art. XI 11, § 7). This constitutional authority is acknowledged in State law (PUC §§ 21676, 21676.5) and the ALUC process allowing for overrule of an ALUC finding of inconsistency. L. Pursuant to PUC Section 21676(b), the City may overrule the commission by a two-thirds vote of the City Council if it makes specific findings that the Project is consistent with the purposes of the State Aeronautics Act. M. The City finds that the Project is consistent with the AELUP and with the purposes of the State Aeronautics Act based on the following Findings of Fact and substantial evidence. III. FINDINGS OF FACT A. Related Bristol Specific Plan Project. The Project consists of a specific plan for a 42-acre site to allow up to 3,750 residential units, up to 350,000 square feet of commercial space, 250 hotel rooms, and 200 senior care units, including 6,520 onsite parking spaces, and 13.1 acres of onsite open space. The Project requires discretionary approval of a tentative tract map, amendment application (zone change) for a specific plan, development agreement, and inclusionary housing plan. The specific plan contains permissive uses and development standards, but does not specify exact locations and heights of each implementing development that falls within the scope of the specific plan. B. The comments in ALUC’s staff report and ALUC’s determination of inconsistency found the Project inconsistent with AELUP for JWA per Section 3.2.1 because the Project would allow buildings up to 25 stories and/or 285 feet which would penetrate the FAR Part 77 Horizontal Obstruction Imaginary Surface for JWA. City Council 26 – 219 10/1/2024 Resolution No. 2024-XXX Page 9 of 18 C. During the July 20, 2023 ALUC hearing on the Project, City staff and the project applicant provided supplemental information about the nature of a specific plan, how implementing projects will be reviewed, information on existing high-rises in the vicinity, and FAA notification requirements for buildings exceeding 200 feet in height, and that conditions of approval for the Project would contain a condition requiring “Notice of Airport in Vicinity,” to be included in all lease/rental agreements and post outdoor signage informing the public of the presence of operating aircraft, which demonstrates further compliance with the AELUP and to minimize potential future noise complaints. Despite this information, the ALUC voted to find the Project inconsistent per Section 3.2.1 of the AELUP. D. Justification for Finding Project Consistent with the Purposes of PUC Section 21670. 1. Noise. The residential and commercial land uses under the proposed Project are consistent with the aircraft noise standards of the AELUP and the requirements of PUC Section 21670. a. The Project is located outside of the JWA 60 to 65 dBA CNEL aircraft noise contours. Aircraft noise analysis was completed in the Project’s SEIR (State Clearinghouse No. 2020029087) and presented at the ALUC hearing. 1) The AELUP establishes aircraft noise exposure exterior noise level compatibility thresholds for new development by land use category. According to the exterior noise thresholds outlined in the AELUP, multi-family residential development is considered normally consistent with exterior noise levels of less than 60 dBA CNEL, conditionally consistent with exterior noise levels between 60 and 65 dBA CNEL and normally inconsistent with exterior noise level above 65 Dba cnel. For commercial retail land use, exterior noise levels are considered normally consistent with exterior noise levels of less than 65 dBA CNEL and conditionally consistent with exterior noise level above 65 dBA CNEL. b. According to Section 5.9 of the SEIR, the Project site is located outside of both the airport’s planned and actual (2019) 60 CNEL contours of JWA. Thus, according to the AELUP, the Project residential, open space, and commercial retail land uses are normally consistent with JWA aircraft noise exposure exterior noise level compatibility thresholds. c. The airport related noise on the Project site does not exceed the City’s Municipal Code permissible noise levels. d. The County’s General Aviation Noise Ordinance prohibits commercial City Council 26 – 220 10/1/2024 Resolution No. 2024-XXX Page 10 of 18 aircraft departures between the hours of 10:00 p.m. and 7:00 a.m. and arrivals between the hours of 11:00 p.m. and 7:00 a.m. e. Based on the foregoing, these restrictions substantially limit the aircraft noise during the noise sensitive nighttime hours for residential use. Thus, noise impacts related to JWA would be less than significant. f. The JWA GAIP EIR also contains noise analysis demonstrating that the Project is outside of the 60 dBA CNEL noise contour. This noise analysis is based on one year’s worth of aircraft operations in all runway operating configurations with for both existing aircraft fleet mixes and future fleet forecasts. This analysis includes the time of day of all operations and includes noise penalties for evening (7 pm to 10 pm) and night (10 pm to 7 am) aircraft operations of five and ten decibels per operation. Residential land uses are normally consistent in areas impacted by aircraft noise up to 60 dBA CNEL and commercial land uses up to 65 dBA CNEL as shown in the AELUP Table 1. These are the same noise standards used by the FAA and the State of California to identify compatible land uses near airports. g. The Project is located outside of the JWA single-event aircraft noise contours. The detailed aircraft noise analysis completed as part of the JWA GAIP EIR included analysis of single event aircraft noise. This analysis included single event noise contours for the noisiest aircraft making regular use of JWA. The Project developer’s consultant provided analysis and information at the ALUC hearing showing the Project site is located outside of the JWA 85 dB single event noise contours for all aircraft making regular use of the Airport. h. The Project includes a condition of approval notifying future residents. The conditions of approval also include notification measures, which includes a “Notice of Airport in Vicinity,” to be included in all lease/rental agreements and post outdoor signage informing the public of the presence of operating aircraft, which demonstrates further compliance with the AELUP and to minimize potential future noise complaints. i. The General Plan Update (GPU) in 2022 addresses noise, safety, hazards, and other related impacts from development in the vicinity of the Airport. Projects approved under the GPU would be required to comply with FAA airspace protection regulations using the AELUP consistency determination process. j. Based on the foregoing, the Project will not result in the exposure of City residents to excess noise within the meaning if PUC Section 21670. City Council 26 – 221 10/1/2024 Resolution No. 2024-XXX Page 11 of 18 2. Safety. The residential and commercial land uses under the proposed project are consistent with the safety standards of the AELUP. a. Section 2. 1. 2 of the JWA AELUP describes the airport's safety compatibility zones. 1) Per Section 2. 1. 2 of the JWA AELUP, " Safety and compatibility zones depict which land uses are acceptable and which are unacceptable in various portions of airport environs." 2) The purpose of these zones, per the JWA AELUP, is to " support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWA." b. The JWA AELUP identifies the following Safety Zones: 1) Zone 1: Runway Protection Zone 2) Zone 2: Inner Approach/ Departure 3) Zone 3: Inner Turning Zone 4) Zone 4: Outer Approach/ Departure Zone 5) Zone 5: Sideline Zone 6) Zone 6: Traffic Pattern Zone c. According to the ALUC staff report, the Project is not in any of the AELUP safety zones. The Project is located outside of the airport’s 60 CNEL contours. Table 1 of the Airport Environs Land Use Plan for JWA shows that residential land uses outside of the 60 CNEL contour are “normally consistent.” The Project is located more than 0.29 miles from the outer edge of AELUP Zone 6, Traffic Pattern Zone as depicted in Appendix D. Further, AELUP Appendix D states the “Basic Compatibility Qualities” of Zone 6 as “Allow residential uses” and “Allow most nonresidential uses.” d. The Project is not in the JWA runway protection zones (RPZ). The Project is located nearly two miles from the outer edge of the nearest JWA RPZ. e. No part of the Project will be inconsistent with the policies set forth in Section 2.1.2 of the JWA AELUP regarding Safety Compatibility City Council 26 – 222 10/1/2024 Resolution No. 2024-XXX Page 12 of 18 Zones. Furthermore, the ALUC did not find, and cannot find, that the Project is inconsistent with Section 2.1.2 of the JWA AELUP. f. Based on the foregoing, the Project will not result in the exposure of City residents to excessive safety hazards within the meaning of PUC Section 21670. 3. Height. The residential and commercial land uses under the proposed Project are consistent with the height standards of the AELUP. The allowable height of structures surrounding an airport is described in FAR Part 77 as the allowable height at which safe movement of aircraft occurs. The regulation requires that notice be given to the FAA if there is a proposal to construct a structure that would exceed a 100:1 slope of an imaginary surface extending outward for 20,000 feet from the nearest runway at JWA. Beyond the 100:1 imaginary surface, FAR Part 77 requires notification to FAA for any project that will be more than 200 feet in height above the ground level. a. The proposed buildings associated with the Specific Plan would not exceed the sloping, three-dimensional 100:1 (one percent sloping surface from the nearest runway over 3,200 feet in actual length) FAA notification surface to require the Filing of FAA Form 7460-1. This information was provided by the Project applicant’s representative during the ALUC hearing on the Project. b. The buildings exceeding 200 feet in height in the Specific Plan area will not exceed the sloping, three-dimensional 50:1 FAA precision instrument Approach Surface to JWA Runway 20R. This information was provided by the Project applicant’s representative during the ALUC hearing on the Project. c. Each future site-specific implementing development under the Project will be required to be submitted through the City’s development review process, at which point if a specific building is proposed within the Federal Aviation Administration (FAA) Notification Area that exceeds 200 feet in height, FAA notification compliance would be required through the development review process. d. In addition to requiring FAA notification for any buildings exceeding 200 feet in height within the Project area, AELUP and FAR Part 77 require an FAA aeronautical study to be conducted to ensure that the proposed structures would not constitute a hazard to air navigation. e. The FAA’s Determinations of No Hazard to Air Navigation for the Mixed-Use development structures are the only source of authoritative, aviation safety findings regarding the Project because: 1) “The United States Government has exclusive sovereignty of City Council 26 – 223 10/1/2024 Resolution No. 2024-XXX Page 13 of 18 airspace of the United States” (49 U.S.C. § 40103(a)(1)). 2) In order to use this airspace, the FAA Administrator is responsible for: i. Plans and policy for the safe use of the navigable airspace (49 U.S.C. § 40103(b)(1); and ii. “[R]egulations on the flight of aircraft (including regulations on safe altitudes) for navigating, protecting and identifying aircraft; protecting individuals and property on the ground; using the navigable airspace efficiently; and preventing collision between aircraft, between aircraft and land or water vehicle, and between aircraft and airborne objects” (49 U.S.C. § 40103(b)(2)). 3) The FAA’s aeronautical studies for project structures are the definitive standard for assessing compliance with federal aviation safety laws and regulations (49 U.S.C. § 77.1(c)). This federal authority is recognized in State law (Cal. PUC §21240). f. The FAA will conduct an aeronautical study (49 U.S.C. §44718 and 14 CFR Part 77) and issue its Determinations for individual implementing projects that exceed 200 feet in height and are submitted within the Specific Plan area. g. The Project is an approval only as to the specific plan. No specific structures are contemplated as part of the Project. Therefore, nothing in the Project will create an obstruction or hazard to air navigation within the meaning of 14 CFR Part 77, and no part of the Project involves the proposed construction or alteration of any structures. Accordingly, no aeronautical study is required as part of the Project. See 49 USC 44718; 14 CFR Part 77; FAA Order JO 7400.2M. h. Based on the foregoing, the Project is consistent with AELUP’s height standards. i. The other entities that have processed or commented on this project have aviation safety duties and responsibilities related to this matter. Each of these entities relies on or ultimately defers to the FAA’s authoritative aviation safety role in airspace determinations. 1) The AELUP for JWA, Section 2.1.3 Building Height Restrictions states, “In adopting criteria for building height restrictions in the vicinities of airports, the Commission considered only one standard and that was Federal Aviation Regulations Part 77 ([14 City Council 26 – 224 10/1/2024 Resolution No. 2024-XXX Page 14 of 18 CFR] Part 77) entitled, Objects Affecting Navigable Airspace. "These regulations are the only definitive standard available [emphasis added] and the standard most generally used.” 2) Section 2.1.3 also recognizes FAA aeronautical studies beyond 14 CFR Part 77 surfaces as the standard for review, “In addition to the ‘imaginary surfaces,’ the Commission will use all of the FAR Part 77.23 standards along with the results of FAA aeronautical studies, [emphasis added] or other studies deemed necessary by the Commission, in order to determine if a structure is an ‘obstruction.’” This section goes on to state: The Commission considers and recognizes the FAA as the single "Authority" for analyzing project impact on airport or aeronautical operations, or navigational-aid siting, including interference with navigational- aids or published flight paths and procedures. The Commission also considers the FAA as the "Authority" for reporting the results of such studies and project analyses. The Commission will not consider the findings of reports or studies conducted by parties other than the FAA unless the FAA certifies and adopts such findings as true and correct. 3) Section 2.1.3 adds reference to FAA Advisory Circular 150/5190- 4A, A Model Zoning Ordinance to Limit Height of Objects Around Airports for Commission Review. This FAA Advisory Circular provides specific guidance for establishing zoning regulations along with specific guidance on a “variance” process for potential obstructions. At Section 3.b., “The Federal Aviation Administration (FAA) conducts aeronautical studies on obstructions which examine their effect on such factors as: aircraft operational capabilities; electronic and procedural requirements; and, airport hazard standards. If an aeronautical study shows that an obstruction, when evaluated against these factors, has no substantial adverse effect upon the safe and efficient use of navigable airspace, then the obstruction is considered not to be a hazard to air navigation [emphasis added].” 4) CalTrans Division of Aeronautics – Caltrans publishes the Handbook in accordance with State Law with the purpose to, “ provide information to ALUCs, their staffs, airport proprietors, cities, counties, consultants, and the public; to identify the requirements and procedures for preparing effective compatibility planning documents; and define exemptions where applicable (Caltrans, 2011).” The Handbook provides specific guidance for City Council 26 – 225 10/1/2024 Resolution No. 2024-XXX Page 15 of 18 assessing potential airspace obstructions in Section 4.5 Airspace Protection. a. JWA – The FAA requires airport sponsors like Orange County to accept specific grant assurances when they accept federal funding. Hazard Removal and Mitigation and Compatible Land Use are two of these assurances (49 U.S.C. § 47107(a)(9) and (10)). For hazard removal, the Airport relies on the FAA’s aeronautical study to meet its requirement. For compatible land use, the Airport relies on coordination with the surrounding cities and the ALUC. The following are the specific assurances: b. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. • The proposed Project would not result in hazards related to excessive glare, light, steam, smoke, dust, or electronic interference. Exterior lighting fixtures and security lighting would be installed in accordance with the City’s Municipal Code Division 3, Building Security Regulations, which includes specifications for shielding and intensity of security lighting. In addition, the proposed Project would not use highly reflective surfaces, and does not include large areas of glass on the buildings. Therefore, the proposed Project would not generate substantial sources of glare. • Operation of the proposed residential and commercial uses would not generate substantial quantities of steam, smoke, or dust emissions. Dust emissions are regulated by SCAQMD requirements and construction related air quality emissions that could include steam, smoke, and dust emissions would be less than significant with implementation of the standard SCAQMD Rules. • The proposed Project would include the use of typical electronics, such as computers, televisions, and other electronics with wireless capability. These types of electronics are currently being used by the existing industrial land uses on the site, and other uses in the vicinity City Council 26 – 226 10/1/2024 Resolution No. 2024-XXX Page 16 of 18 of the site. The new residential and commercial uses on the site would use similar technology that does not cause electronic interference that could affect aircraft. Thus, impacts related to electronic interference with operations of JWA would not occur. c. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the Project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 4. Overflight. “Close to the JWA approach centerline” as identified by the ALUC is neither an FAA nor an AELUP standard. a. The FAA is the only authoritative source of aviation safety data and the FAA does not have a “close to the JWA approach centerline” standard. b. The AELUP clearly identifies its airport land use planning standards around aircraft noise, safety, and height. Objective measures of these standards are clearly identified in AELUP Section 2.1. The Specific Plan is drafted to be consistent with each of these objective standards. c. Two-dimensional flight tracks and a list of unassociated aircraft do nothing to inform the impact of overflights. The ALUC provided limited arrival flight tracks, limited departure flight tracks and lists of aircraft by time of day and altitude that were purported to have produced these flight tracks. The limited nature of the information was commented on by ALUC commissioners during the July 20, 2023 hearing. d. Aircraft noise contours used to objectively measure noise impact already assume flight tracks and actual operating conditions for a full year including future operations. Limited City Council 26 – 227 10/1/2024 Resolution No. 2024-XXX Page 17 of 18 information presented within the staff report packet dated July 20, 2023 of arrival flight tracks and limited information on departure flight tracks are not representative of a general condition and are not substantive evidence. e. The project is located outside of the JWA single event noise exposure areas documented in the JWA General Aviation Improvement Program EIR certified on June 25, 2019. The project developer presented this information to the ALUC Commission at its hearing on July 20, 2023. 5. Heliports. Heliports are not a part of the Project, therefore ALUC has not reviewed this for consistency and has made no determination. 6. Zone Change. The proposed zone change (amendment application) is consistent with the objective AELUP aircraft noise, safety and height standards and is therefore consistent with the larger planning role of the ALUC. “Close to the JWA approach centerline” is not an FAA or an ALUC standard. a. ALUC offers no substantiation that overflights of new residents would be disturbed or annoyed. On the contrary, the ALUC demonstrates that the Project is located outside of the 60 dBA CNEL noise contour. As such, the Project would not add any new residential or commercial noise impacts to the JWA 65 dBA Community Noise Equivalent Level (CNEL) noise area. b. Flight tracks limited information for arrivals and departures, which was commented on by Commission members during the hearing, are not unique and are fully accounted for in the one year of overflights used to measure CNEL noise impacts associated with JWA. c. Flight tracks limited information for arrivals and departures, which was commented on by Commission members during the hearing, are not unique and are fully accounted for in the single- event noise contours produced for the JWA GAIP EIR. The Project is located outside of these single-event noise contours. d. Per Section 1.2 of the AELUP for JWA, the purpose of the AELUP is to safeguard the general welfare of the inhabitants within the vicinity of the airport and to ensure the continued City Council 26 – 228 10/1/2024 Resolution No. 2024-XXX Page 18 of 18 operations of the airport. The method by which the ALUC achieves this purpose is through the application of the objective standards contained in Section 2.1 of the AELUP. As demonstrated in the ALUC staff report and, in these Findings, the Specific Plan and application for each implementing project is and will be consistent with each of the standards. As a result, the ALUC has met their duty under Section 1.2 by ensuring that the Specific Plan meets these standards. e. Additionally, Section 2.1.4 of the AELUP for JWA and PUC Section 21674 charge the Commission to coordinate at the local level to ensure compatible land use planning. The method by which the ALUC achieves this charge is through the application of the objective standards contained in Section 2.1 of the AELUP. As demonstrated in the ALUC staff report and, in these Findings, the Project is consistent with each of the standards. As a result, the ALUC has met their duty under Section 2.1.4 and PUC Section 21674 by ensuring that the Project meets these standards. City Council 26 – 229 10/1/2024 Ordinance No. NS-____ Page 1 of 16 ORDINANCE NO. NS-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-03 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) 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. Steven Oh, with RCR Bristol, LLC (“Applicant”), on behalf of Greenville Ranch LLC, BSG West Bristol LLC, and MCG Bristol West LLC (“Property Owners”), is seeking to construct a mixed-use development (“Project”), known as the Related Bristol Specific Plan Project, at 3600 Bristol Street (“Project Site”). B. The Project entails, among other things, (1) demolition of the existing sixteen (16) structures on the Project Site; (2) the establishment of a new Related Bristol Specific Plan (SP No. 5) and a change of zone for the Project Site to the new Related Bristol Specific Plan (SP No. 5) designation; (3) redevelopment of the Project Site into 3,750 residential units, up to 350,000 square feet of commercial space, 250 h otel rooms, and 200 senior care units, including 6,520 onsite parking spaces, and 13.1 acres of onsite open space; and (4) approval of Vesting Tentative Tract Map (“VTTM”) No. 2023-01. C. The general northern portion of the Project Site is currently in the General Commercial (C2) zoning district and the general southern portion of the Project Site is in the Commercial Residential (CR) zoning district. D. The Applicant is requesting approval and adoption of Amendment Application No. 2023-03 to: (1) establish the new Related Bristol Specific Plan (SP No. 5) and (2) approve a change of zone for the entire Project Site from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5) (the “Zone Change”). E. Pursuant to Section 27-13 of the Santa Ana Municipal Code (“SAMC”), the City Council must approve a proposed plan adoption and amendment. Moreover, pursuant to Section 27-12 of the SAMC, prior to being submitted to the City Council, each proposed plan adoption or amendment shall be submitted to the Planning Commission for its review and City Council 26 – 230 10/1/2024 Ordinance No. NS-____ Page 2 of 16 recommendation after the Planning Commission holds at least one (1) duly-noticed public hearing on the proposed plan adoption or amendment . F. Pursuant to Section 41-667 of the SAMC, the City Council must hold a hearing on and approve any proposed amendment of any sectional district map (“Zone Change”). Moreover, pursuant to Sections 41-664 and 41- 666 of the SAMC, prior to being submitted to the City Council, a public hearing on the proposed Zone Change must be held before the Planning Commission and the Planning Commission must transmit its recommendation on the proposed Zone Change to the City Council. G. On August 12, 2024, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on the entirety of Amendment Application No. 2023-03, including both the proposed adoption of the Related Bristol Specific Plan (SP No. 5) and the proposed Zone Change , recommending approval of the Amendment Application No. 2023 -03 to the City Council. H. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds that the entirety of Amendment Application No. 2023-03, including both the proposed adoption of the Related Bristol Specific Plan (SP No. 5) and the proposed Zone Change, is consistent with the General Plan, including, but not limited to, its goals and policies, as follows: The Project and requested Amendment Application No. 2023-03 to establish Specific Plan No. 5 are consistent with the following General Plan goals and policies: • Goal CM-1: Recreation and Culture. Provide opportunities for public and private recreation and cultural programs that meet the needs of Santa Ana’s diverse population. o Policy CM-1.6 Recreation on Private Property. Promote the development and use of privately-owned recreation and entertainment facilities that help meet the needs of Santa Ana residents. • Goal CM-3: Active Living and Well-being. Promote the health and wellness of all Santa Ana residents. o Policy CM-3.2 Healthy Neighborhoods. Continue to support the creation of healthy neighborhoods by addressing public safety, land use conflicts, hazardous soil contamination, incompatible uses, and maintaining building code standards. o Policy CM-3.5 Community Spaces. Encourage positive community interactions and neighborhood pride to create secure communities and promote safe public spaces. City Council 26 – 231 10/1/2024 Ordinance No. NS-____ Page 3 of 16 o Policy CM-3.8 Underutilized Spaces. Repurpose underutilized spaces and City-owned vacant land as a strategy to improve community health and increase the number and accessibility of opportunities for health and recreation activities. Prioritize the redevelopment of such sites within environmental justice area boundaries and other areas underserved by parks and recreation opportunities The Project is consistent with these General Plan Community Element goals and policies, as it provides for publicly-accessible recreation opportunities on the Project Site through its 13.1 acres of publicly- accessible, programmable open space areas. The Project results in the redevelopment of a 41-acre site by introducing a mixed-use, urban village that encourages active and passive recreation. While the existing commercial development has no onsite open space acreage, the proposed specific plan requires the provision of onsite open space for both publicly-accessible and private open space areas. • Goal M-1: Comprehensive Circulation. A comprehensive and multimodal circulation system that facilitates the safe and efficient movement of people, enhances commerce, and promotes a sustainable community. o Policy M-1.6 Complete Streets. Transform travelways to accommodate all users through street design and amenities, such as sidewalks, trees, landscaping, street furniture, and bus shelters. • Goal M-3: Active Transportation. A safe, balanced, and integrated network of travelways for nonmotorized modes of transportation that connects people to activity centers, inspiring healthy and active lifestyles. o Policy M-3.2 Nonmotorized Travelway Amenities. Enhance nonmotorized travelways with amenities such as landscaping, shade trees, lighting, benches, crosswalks, rest stops, bicycle parking, and support facilities that promote a pleasant and safe experience. o Policy M-3.7 Complete Streets Design. Enhance streets to facilitate safe walking, bicycling, and other nonmotorized forms of transportation through community participatory design. • Goal M-4: Transportation, Land Use, and Design. Coordinated transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. City Council 26 – 232 10/1/2024 Ordinance No. NS-____ Page 4 of 16 o Policy M-4.1 Intense Development Areas. Program multimodal transportation and public realm improvements that support new development in areas along transit corridors and areas planned for high intensity development. o POLICY M-4.2 Project Review. Encourage active transportation, transit use, and connectivity through physical improvements and public realm amenities identified during the City’s Development Review process. o Policy M-4.5 Land Use Development Design. Ensure that building placement and design features create a desirable and active streetscape, by prioritizing pedestrian access directly from the street and placing parking lots to the rear of a development site. o Policy M-4.7 Parking. Explore and implement a flexible menu of parking options and other strategies to efficiently coordinate the response to parking demands. • Goal M-5: Sustainable Transportation. A transportation system that is attractive, safe, state-of-the-art, and supports community, environmental, and conservation goals. o Policy M-5.1 Enhanced Street Design. Improve the beauty, character, and function of travelways with amenities such as landscaped parkways and medians, bike lanes, public art, and other amenities. The Project is consistent with these General Plan Mobility Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed -use urban village that encourages multi-modal transit. Moreover, the proposed specific plan will introduce a walkable grid of streets and paseos, further encouraging pedestrian, bicycle, and alternate means of transportation both within and to/from the Project Site. • Goal EP-1: Job Creation and Retention. Foster a dynamic local economy that provides and creates employment opportunities for all residents in the city. o Policy Attract Business Strengthen and expand citywide business attraction efforts in order to achieve the city’s full employment potential. • Goal EP-3: Business Friendly Environment. Promote a business friendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities. City Council 26 – 233 10/1/2024 Ordinance No. NS-____ Page 5 of 16 o Policy EP-3.4 Complete Communities. Encourage the development of “complete communities” that provide a range of housing, services, amenities, and transportation options to support the retention and attraction of a skilled workforce and employment base. o Policy EP-3.10 Rethinking Strip-Commercial. Promote the creation of distinctive neighborhood serving districts through the renovation or redevelopment of existing strip-commercial development. The Project is consistent with these General Plan Economic Prosperity Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed -use urban village. The Project will contain a diverse range of employment opportunities for the commercial, senior continuum care, hotel, and residential communities that will take shape on the Project Site. • Goal OS-1: Parks, Open Space, and Recreation. Provide an integrated system of accessible parks, recreation facilities, trails, and open space to serve the City of Santa Ana. o Policy OS-1.2 Parks and Recreation System. Provide and support a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreational opportunities. o Policy OS-1.5 Park and Open Space Types. Provide a mix of community, neighborhood, and special use parks, along with greenway corridors, natural areas, and landscape areas, to meet community needs for greenspace, recreation space, social space, and trail connectivity. o Policy OS-1.9 New Development. Require all new development to provide adequate parks and open space, including via parkland dedication or development fees, in order to meet the City’s park standard. Ensure that new development includes pedestrian and multi-modal travelways to promote a quality living environment. For new development within park deficient and environmental justice areas, prioritize the creation and dedication of new public parkland over the collection of impact fees. o Policy OS-1.10 Creative Solutions for Deficiencies. Develop creative and flexible solutions to provide greenspace and recreation activities in park-deficient neighborhoods. Encourage private and commercial recreational facilities that are physically City Council 26 – 234 10/1/2024 Ordinance No. NS-____ Page 6 of 16 open to the public and are affordable to residents of surrounding neighborhoods, and serve community needs. The Project is consistent with these General Plan Open Space Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed -use urban village. The Project will contain 13.1 acres of total onsite public open space, which will be maintained for public acce ss and enjoyment through both the Specific Plan’s goals and development standards, as well as the Project’s proposed Development Agreement (No. 2023 -02). The 13.1 acres of onsite open space comprise almost one -third of the entire site’s 41 acres, and will be programmed for both passive and active uses, with a minimum of four community events per year. Moreover, the Project’s street frontages will contain new bike lanes, with stretches built as protected bike lanes, encouraging active recreation to and from the Project Site. • Goal LU-1: Growing Responsibly. Provide a land use plan that improves quality of life and respects our existing community o Policy LU-1.1 Compatible Uses. Foster compatibility between land uses to enhance livability and promote healthy lifestyles. o Policy LU-1.3 Equitable Creation and Distribution of Open Space. Promote the creation of new open space and community serving amenities in park-deficient areas that keeps pace with the increase in multi-unit housing development, with priority given to those that are also within environmental justice area boundaries. o Policy LU-1.5 Diverse Housing Types. Incentivize quality infill residential development that provides a diversity of housing types and accommodates all income levels and age groups. o Policy LU-1.6 Transit Oriented Development. Encourage residential mixed-use development, within the City’s District Centers, Urban Neighborhoods, and adjacent to high quality transit. o Policy LU-1.8 Development Tradeoffs. Ensure that new development projects provide a net community benefit. o Policy LU-1.9 Public Facilities and Infrastructure. Evaluate individual new development proposals to determine if the proposals are consistent with the General Plan and to ensure that they do not compound existing public facility and service deficiencies. City Council 26 – 235 10/1/2024 Ordinance No. NS-____ Page 7 of 16 • Goal LU-2: Land Use Needs. Provide a balance of land uses that meet Santa Ana’s diverse needs. o Policy LU-2.1 Employment Opportunities. Provide a broad spectrum of land uses and development that offer employment opportunities for current and future Santa Ana residents. o Policy LU-2.2 Capture Local Spending. Encourage a range of commercial uses to capture a greater share of local spending, and offer a range of employment opportunities. o Policy LU-2.3 Supportive Spaces. Provide a diversity of land uses that support residents, visitors, and businesses, such as open space, areas for community gatherings, and outdoor entertainment venues o Policy LU-2.4 Cost and Benefit of Development. Balance the benefits of development with its fiscal impacts on the city and on quality of life for the community. o Policy LU-2.5 Benefits of Mixed-Use. Encourage infill mixed-use development at all ranges of affordability to reduce vehicle miles traveled, improve jobs/housing balance, and promote social interaction. o Policy LU-2.7 Business Incubator. Support land use decisions that encourage the creation, development, and retention of businesses in Santa Ana. o Policy LU-2.8 City Image. Encourage land uses, development projects, and public art installations th at promote the city’s image as a cultural, governmental, and business -friendly regional center. o Policy LU-2.10 Smart Growth. Focus high density residential in mixed-use villages, designated planning focus areas, Downtown Santa Ana, and along major travel corridors. • Goal LU-4: Complete Communities. Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. o Policy LU-4.5 VMT Reduction. Concentrate development along high quality transit corridors to reduce vehicle miles traveled (VMT) and transportation-related carbon emissions. The Project is consistent with these General Plan Land Use Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed-use urban village. City Council 26 – 236 10/1/2024 Ordinance No. NS-____ Page 8 of 16 The Project has been thoroughly evaluated for environmental impacts, as well as for market, fiscal impact, economic impact, and community benefits through multiple analyses. The proposed specific plan establishes a foundation for future developments within the specific plan area that provide a balance of commercial and residential land uses, conforming to the General Plan’s DC-5 land use designation and the South Bristol Street Focus Area’s goals. The infill nature of the Project encourages smart growth by conserving resources and locating new development in an already-urbanized, transit-oriented area adjacent to or near major employment centers. The Project conforms to all Vehicle Miles Travelled (VMT) guidelines adopted by the City and enhances the City’s image at a major intersection leading into Santa Ana. • Goal UD-1: Physical Character. Improve the physical character and livability of the City to promote a sense of place, positive community image, and quality environment. o Policy UD-1.1 Design Quality. Ensure all developments feature high quality design, materials, finishes, and construction. o Policy UD-1.2 Public Art. Require public art as part of major developments and the public realm improvements. o Policy UD-1.4 Safety Through Design. Incorporate public safety design features into private and public developments to prevent loitering, vandalism, and other undesirable activities. o Policy UD-1.5 Attractive Public Spaces. Encourage community interaction through the development and enhancement of plazas, open space, people places, and pedestrian connections with the public realm. o Policy UD-1.6 Active Transportation Infrastructure. Support the creation of citywide public street and site amenities that accommodate and promote an active transportation-friendly environment. • Goal UD-2: Sustainable Environment. Improve the built environment through sustainable development that is proportional and aesthetically related to its setting. o Policy UD-2.1 Enhanced Public Realm Experience. Encourage development to enhance the existing environment through the use of creative architectural design and sustainable streetscape treatments that are consistent on each corridor. City Council 26 – 237 10/1/2024 Ordinance No. NS-____ Page 9 of 16 o Policy UD-2.2 Compatibility and Use With Setting. Employ buffers and other urban design strategies to encourage the compatibility of new development with the scale, bulk, and pattern of existing development. o Policy UD-2.4 Intentional Design. Encourage design and architecture on private and public property that accentuate focal points, activity nodes, and historic areas. o Policy UD-2.5 Relation to Surroundings. Ensure new development exhibits a functional, comfortable scale in relation to its neighborhood. o Policy UD-2.7 Building and Strengthening Identity. Collaborate with community stakeholders to strengthen and foster development of community and neighborhood identity and district character through complementary architecture, unique streetscapes, and programming. o Policy UD-2.10 Greening the Built Environment. Promote planting of shade trees and require, where feasible, preservation and site design that uses appropriate tree species to shade parking lots, streets, and other facilities, with the goal of reducing the heat island effect. • Goal UD-3: Attractive Travelways. Create and maintain safe and attractive travelways through coordinated streetscape design. o Policy UD-3.3 Foster Community Building. Promote a safe environment that facilitates social interaction and improves active transportation along corridors. o Policy UD-3.4 Improvements to Streetscape. Promote streetscape improvement plans that are responsive to community needs, the nature of adjacent uses, path characteristics, street classification, pedestrian scale, and view corridors. o Policy UD-3.6 Linear Park System. Support open space improvements along roadways and nonvehicular paths, such as bike or multiuse trails, to create linear open space that connect to a network of parks and activity areas throughout the city. o Policy UD-3.8 Pleasant Travel Experience. Maximize the use of street trees and parkway landscaping to create a pleasant travel experience and positive city image. • Goal UD-4: Nodes and People Places. Create nodes and urban hubs throughout the City to foster community, education, arts and culture, City Council 26 – 238 10/1/2024 Ordinance No. NS-____ Page 10 of 16 business activities, entertainment, and establish Santa Ana as a vibrant center. o Policy UD-4.1 Intentional Development. Support development growth in nodes consistent with the City’s vision as the dynamic urban center of Orange County. o Policy UD-4.2 Image Making Through Architecture. Promote development within nodes to reflect the significance of the area and cultivate a positive image of Santa Ana through high quality architecture. o Policy UD-4.3 Activate Open Space. Ensure architectural and landscape design activates open space as a means to p romote community interaction and enhance the aesthetic quality of development. o Policy UD-4.4 Vibrant Street Life. Encourage development within nodes that promotes pedestrian activities, enhanced amenities, and engaging designs that allow for discovery, excitement, and social interaction. • Goal UD-5: Focus Intersections. Create focal points at major intersections to enhance community identity and open space. o Policy UD-5.1 Building Presence at Intersections. Create a strong presence at focus intersections by locating intense building mass and open space areas along the street that include high quality design and materials. • Goal UD-7: Gateways. Create and strengthen gateways into the City that promote a sense of arrival. o Policy UD-7.1 First Impression. Strengthen the architectural design of developments near gateways to communicate a sense of arrival and inspire positive images of the City. o Policy UD-7.2 Streetscape Improvements. Enhance Santa Ana’s gateways to include unique and distinctive streetscape improvements. The Project is consistent with these General Plan Urban Design Element goals and policies. The Project improves a major site at a gateway intersection leading into Santa Ana by redeveloping an outdated, auto - oriented strip-commercial center with a dynamic, mixed-use urban village that complements the scale an intensity of existing developments surrounding the Project Site. Through onsite private streets and improvements to public streets along the site’s street frontages, the specific plan will create attractive travelways and establish activity nodes City Council 26 – 239 10/1/2024 Ordinance No. NS-____ Page 11 of 16 at the intersections of Bristol Street and Sunflower Avenue, and Bristol Street and MacArthur Boulevard, near the interchange of Bristol Street and the San Diego (I-405) Freeway. The redevelopment of the existing site will establish a new gateway into Santa Ana that is consistent with the South Bristol Street Focus Area’s vision for the Project Site. • Goal HE-1: Livable and affordable neighborhoods with healthy and safe housing conditions, community services, well-maintained infrastructure, and public facilities that inspire neighborhood pride and ownership. o Policy HE-1.3 Complete Neighborhoods. Improve neighborhood quality by locating or providing access to complementary services and public facilities, including the integration of community gardens and access to healthy food options in neighborhoods. o Policy HE-1.4. Healthy Neighborhoods. Create and maintain parks and open spaces; plant trees, green parkways, and medians; support access to healthy food option s; and maintain a continuous pattern of pathways that encourage an active and healthy lifestyle. o Policy HE-1.10. Parking Management. Support innovative and creative strategies that proactively minimize parking impacts and deficiencies within residential neighborhoods, including parking management requirements, installation of parking lifts, and incentives for active transportation. • Goal HE-2. Foster an inclusive community with a diversity of quality housing, affordability levels, and living experiences tha t accommodate Santa Ana’s residents and workforce of all household types, income levels, and age groups. o Policy HE 2.3. Urban Villages. Create higher intensity, mixed- use urban villages and pedestrian-oriented experiences that access and support the office centers, commercial services, and cultural activities within District Centers and Urban Neighborhood designated areas. o Policy HE-2.4. Rental Housing. Facilitate the construction of rental housing for Santa Ana’s residents and workforce, with a commitment to provide rental housing for extremely low-, very low-, and low-income residents as well as moderate income Santa Ana workers. o Policy HE-2.6. Housing Design. Require excellence in architectural design through the use of materials and colors, City Council 26 – 240 10/1/2024 Ordinance No. NS-____ Page 12 of 16 building treatments, landscaping, open space, parking, and environmentally sensitive (“green”) building and design practices. • Goal HE-4. Provide sufficient rental and ownership housing opportunities and supportive services for seniors, people with disabilities, families with children, and people experiencing homelessness. o Policy HE-4.1. Senior Housing. Support development of affordable senior rental and ownership housing, readily accessible to support services; provide assistance for seniors to maintain and repair their homes to facilitate the maximum independent living. The Project is consistent with these General Plan Housing Element goals and policies. The Project will provide high-quality diversity of rental housing for Santa Ana’s residents and workforce. Through the Project’s Development Agreement, the Project will provide inclusionary housing fees that will be used by the City to provide onsite affordable housing opportunities in the community. Through innovative use of land, the Project will provide for healthy communities with 13.1 acres of onsite open space, a full-service grocer, and underground parking, freeing up valuable acreage for the development of community-serving commercial, residential, and open space land uses. Moreover, the SP and requested entitlements address General Plan consistency for the South Bristol Street Focus Area in the following manners: • The District Center-High is a mixed-use designation identified in the General Plan as including “high density urban villages consisting of visually striking and dynamic buildings and spaces with a wide range and mix of residential, live-work, commercial, hotel, and employment- generating uses.” • Table LU-2 of the General Plan (Buildout) identifies an assumed housing growth of 5,272 units in the District; the proposed 3,750 falls within the assumed growth. • Table LU-8 of the General Plan identifies the DC-5 area as allowing a maximum Floor Area Ratio of 5.0, or 125 dwelling units per acre and a maximum height of 25 stories. The General Plan allows the FAR to be calculated on a gross basis for an individual development Project. • The General Plan’s District Center designation would allow up to 8,733,780 square feet of mixed uses, inclusive of residential uses, based on the maximum FAR of 5.0 over the 41.13-acre (gross) site. As proposed, the Related Bristol will result in an FAR of 2.7, well within the maximums allowed in the General Plan. No General Plan Amendment is required nor proposed. City Council 26 – 241 10/1/2024 Ordinance No. NS-____ Page 13 of 16 • The General Plan envisions “urban villages”, “an intense multistory presence” and “mixed use opportunities”. The Development Plan implements this vision with a range of building heights and configurations in two mixed-use Districts/Villages, with heights and intensities within the limits identified in the General Plan. • The General Plan requires fiscal neutrality (Policy LU 2.4). The Project results in positive fiscal impacts. • The General Plan calls for community involvement (Policy LU 3.2). Significant outreach has occurred as outlined in Specific Plan Section 2.5, Community Engagement. • The General Plan encourages areas for community gathering and outdoor entertainment (Policy LU 2.3). The Specific Plan includes approximately 13 acres of open space, which includes public plaza areas and a central park, accessible to the public a nd allowing for outdoor entertainment. • The Specific Plan area is not within an Environmental Justice area . However, as designed, the provision of nearly one -third of the 41-acre site for publicly accessible open space with active and passive recreation opportunities is a means of addressing open space deficiencies prevalent in many portions of Santa Ana. G. The City Council has weighed and balanced the General Plan’s policies and has determined that, based upon this balancing, the Project at 3600 Bristol Street and Amendment Application No. 2023 -03, including the Related Bristol Specific Plan (SP No. 5) and the Zone Change, are consistent with the purpose of the General Plan. H. The City Council also adopts as findings all facts presented in the Request for City Council Action dated September 17, 2024 and October 1, 2024 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. For these reasons, and each of them, Amendment Application No. 2023-03 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity convenience and general welfare. Section 2. The City prepared a Draft Supplemental Environmental Impact Report (“SEIR”) that analyzed the Project’s environmental impacts in accord with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the “CEQA Guidelines”), and the City’s Local CEQA Guidelines. The Draft SEIR was made available for public review for 45 days between July 6, 2023 and August 21, 2023. The document was made available online at the City of Santa Ana website and available for review at City Hall and the City of Santa Ana Public Library in hard copy form. In response to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 1, 2024. The Final SEIR in the City Council Resolution approving the Final SEIR is incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. City Council 26 – 242 10/1/2024 Ordinance No. NS-____ Page 14 of 16 2020029087), adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in the Resolution for the Final SEIR (SCH No. 2020029087) as if fully set forth herein. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves the Amendment Application No. 2023-03, and specifically, approves and adopts the Related Bristol Specific Plan (SP No. 5), a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by this reference. This approval is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for City Council Action dated September 17, 2024 and October 1, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, also hereby approves the Zone Change for the Project Site from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5), as set forth in Amended Sectional District Map No. 35-5-10, a true and correct copy of which is attached hereto as Exhibit B and incorporated herein by this reference. This approval is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for City Council Action dated September 17, 2024 and October 1, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings. Section 6. Pursuant to Government Code Section 66020, the Applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development Project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. Section 7. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of t he City) for or City Council 26 – 243 10/1/2024 Ordinance No. NS-____ Page 15 of 16 concerning the P roject, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applican t in the defense of the Action. Section 8. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional b y 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 1st day of October, 2024. _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:_______________________________ Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: ________________________________________ NOES: Councilmembers: ________________________________________ ABSTAIN: Councilmembers: ________________________________________ NOT PRESENT: Councilmembers:________________________________________ City Council 26 – 244 10/1/2024 Ordinance No. NS-____ Page 16 of 16 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on October 1, 2024. Date: ________________ _____________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 26 – 245 10/1/2024 Exhibit A to Exhibit 3 – Link to Specific Plan Document The Final Draft Related Bristol Specific Plan document is available: Online on the City’s project webpage at: https://www.santa-ana.org/related- california-bristol-specific-plan/ Physically at: City Hall, Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Newhope* Library 122 N. Newhope Street Santa Ana, CA 92703 Copies of the Related Bristol Final Supplemental Environmental Impact Report (SEIR) are also available for viewing online and in print at the same locations. *Please note that the Final Draft Related Bristol Specific Plan and the Draft SEIR were originally posted at the Santa Ana Main Library, but due to a temporary closure of the facility stemming from renovations, the Final SEIR and related materials are physically available at the Newhope Library City Council 26 – 246 10/1/2024 A1 GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE-FAMILY RESIDENCE -OZ OVERLAY ZONE C1-MD COMMUNITY COMMERCIAL - MUSEUM DIST. M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER O OPEN SPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE OZ1 METRO EAST OVERLAY ZONE PLANNED RESIDENTIAL DEVELOPMENT -PRD City of Santa Ana, California ZONING DISTRICTS ARTESIA STPACIFICAVFO R E S T AVWAKEHAM PL JOANE WYJUNIPERST GREENVILLE STSHEFFIELD RDALTONAV AURORAST ORIONAV CURIEAV UP RR CRAWFORD GNSILVERSPURSUMM E RWIND BAYCRESTTWILIGHTBLACKHAWK DR DEEREFIELD RD MOORE AV SEA CLIFFR IT AWY DEEGAN DRMANITOBA DRMADDOCK STGRISET PLCENTER STDIAMOND STTOWNSEND STDOUGLAS STLINDA WYSALTA STWEST WIND OCEAN CRESTR E N E D R JAGUARWAYSEA BREEZEGARRY AV REMBRANDT PICASSO RED FOX RD MEADOWBROOK DR CALLENS COM PLAZADRASPENVILLAGEWYSANTAFEVILLAGEDRS BRISTOL STBEAR STW MACARTHUR BLVD W ALTON AV SUNFLOWER AVRAITT STR1-PRD R2-PRD R2-PRD R2-PRD R2-PRD R1-PRD R1-PRD R2-PRD R1-PRD R1-PRD R1-PRD A1 A1A1A1A1 A1A1A1 C1 C1 C1 C4 CR M1 M1 OOOOO R1 R1 R1 R1R1 R1 R1 R1 R1 R1 R1 R1R1 R1 R3 R4 R4 R4R4 SD4 SD44 SD48 SD48 SD51 SD6 SD7 O O R1 O SD5 C4 C2C2 C2 CR O SP5 C2 N/A N/A36-5-1026-5-1025-5-1036-5-1026-5-10 26-5-1034-5-10N/AN/A34-5-10Exhibit: Print Date: 7/30/24 Sectional District Map: 35-5-10 I B City Council 26 – 247 10/1/2024 55394.00062\42643158.1 Ordinance No. NS-____ Page 1 of 5 ORDINANCE NO. NS-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023-02 FOR A MIXED-USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC 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. Steven Oh, with RCR Bristol, LLC (“Applicant”), on behalf of Greenville Ranch LLC, BSG West Bristol LLC, and MCG Bristol West LLC (“Property Owners”), is seeking to construct a mixed-use development (“Project”), known as the Related Bristol Specific Plan Project, at 3600 Bristol Street (“Project Site”). B. The Project entails, among other things, (1) demolition of the existing sixteen (16) structures on the Project Site; (2) the establishment of a new Related Bristol Specific Plan (SP No. 5) and a change of zone for the Project Site to the new Related Bristol Specific Plan (SP No. 5) designation; (3) redevelopment of the Project Site into 3,750 residential units, up to 350,000 square feet of commercial space, 250 hotel rooms, and 200 senior care units, including 6,520 onsite parking spaces, and 13.1 acres of onsite open space; and (4) approval of Vesting Tentative Tract Map (“VTTM”) No. 2023-01. C. The City of Santa Ana (“City”) is authorized, pursuant to Government Code Sections 65864 through 65869.5, to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. D. Because of the logistics, magnitude of the expenditure and consid erable lead time prerequisite to planning and developing the Project, Applicant has proposed to enter into a development agreement concerning the Project (“Development Agreement No. 2023-02”) to provide assurances that the Project can proceed without disruption caused by a change in the City's planning policies and requirements except as provided in the Development Agreement No. 2023-02, which assurance will thereby City Council 26 – 248 10/1/2024 55394.00062\42643158.1 Ordinance No. NS-____ Page 2 of 5 reduce the actual or perceived risk of planning for and proceeding with development of the Project. E. On August 12, 2024, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on the proposed Development Agreement No. 2023-02, recommending City Council approval of Development Agreement No. 2023-02. F. Entering into this Development Agreement No. 2023-02 would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the Property Owners to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. G. The Project and the use that the Property O wners propose in connection with the Project have been extensively reviewed and considered by the City Council, and such proposed development and use have been found to accommodate the City’s recommendations and suggestions in order to protect the public’s interest to enhance the desirability of such proposed development and use. The terms and conditions of this Development Agreement No. 2023-02 are fair, just and reasonable, and the City Council has concluded that the pursuit of the Project will serve the interests of the City. H. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the Development Agreement No. 2023-02 in the public’s interest and results in substantial community benefits because it meets and facilitates the fulfillment of many of the City’s adopted General Plan “Issues, Goals and Policies” for each individual element, as further documented in the Ordinance of the City Council approving Amendment Application No. 2023-03 to establish the Related Bristol Specific Plan (SP No. 5) and approve the Zone Change. Section 2. The City prepared a Draft Supplemental Environmental Impact Report (“SEIR”) that analyzed the Project’s environmental impacts in accord with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the “CEQA Guidelines”), and the City’s Local CEQA Guidelines. The Draft SEIR was made available for public review for 45 days between July 6, 2023 and August 21, 2023. The document was made available online at the City of Santa Ana website and available for review at City Hall and the City of Santa Ana Public Library in hard copy form. In response to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 1, 2024. The Final SEIR in the City Council Resolution approving the Final SEIR is incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. 2020029087), adoption of findings under CEQA, and adoption of the Mitigation City Council 26 – 249 10/1/2024 55394.00062\42643158.1 Ordinance No. NS-____ Page 3 of 5 Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in the Resolution for the Final SEIR (SCH No. 2020029087) as if fully set forth herein. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves the Development Agreement No. 2023-02, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by this reference, and authorizes the City Manager and Clerk of the Council to execute it on behalf of the City with such non-substantive changes as may be authorized by the City Manager and City Attorney. The Clerk of the Council is hereby authorized and directed to cause this Development Agreement No. 2023-02 to be recorded with the County Recorder’s Office. Section 4. This Ordinance shall not be effective unless and until the City Council Resolution for Final SEIR No. 2020029087, the Planning Commission Resolution for VTTM No. 2023-01, the City Council Ordinance for AA No. 2023-03, and the City Council Resolution to Overrule the Orange County/John Wayne Airport Land Use Commission’s determination of inconsistency are adopted and become effective. If said resolutions and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this Ordinance shall be null and void and have no further force and effect. Section 5. This Ordinance shall not be effective unless and until the City receives a fully executed copy of the Development Agreement No. 2023-02, including the executed Joinder of the Fee Owners of the Property. If the fully executed copy of the Development Agreement No. 2023-02 is not received by the City Clerk within 30 days of the approval of this Ordinance by the City Council, then this Ordinance shall be null and void and have no further force and effect. Section 6. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings. Section 7. Pursuant to Government Code Section 66020, the Applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. Section 8. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such City Council 26 – 250 10/1/2024 55394.00062\42643158.1 Ordinance No. NS-____ Page 4 of 5 other procedures), judgments, order s, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any ac tion of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of t he City) for or concerning the P roject, wheth er such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statut e, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applican t in the defense of the Action. Section 9. 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 10. This Ordinance shall be effective thirty days after its adoption provided the conditions precedent set forth above have been satisfied. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. Pursuant to Government Code Section 65868.5, within 10 days following the entering into of the Development Agreement, as evidenced by full execution thereof, the City Clerk shall record with the Orange County Recorder a copy of the Development Agreement. ADOPTED this 1st day of October, 2024. _______________________ Valerie Amezcua Mayor City Council 26 – 251 10/1/2024 55394.00062\42643158.1 Ordinance No. NS-____ Page 5 of 5 APPROVED AS TO FORM: City Attorney _______________________________ Sonia R. Carvalho City Attorney AYES: Councilmembers: ________________________________________ NOES: Councilmembers: ________________________________________ ABSTAIN: Councilmembers: ________________________________________ NOT PRESENT: Councilmembers:________________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on October 1, 2024. Date: ________________ ____________________________________ City Clerk City of Santa Ana for City Council 26 – 252 10/1/2024 55394.00062\42643158.1 Exhibit A Development Agreement No. 2023-02 City Council 26 – 253 10/1/2024 RECORDED AT REQUEST OF: ) ) AND WHEN RECORDED RETURN TO: ) City of Santa Ana ) 20 Civic Center Plaza (M-30) ) Santa Ana, CA 92702 ) Attention: Clerk of the Council ) ) ______________________________________________________________________________ Exempt from filing fees pursuant to Government Code §27383 DEVELOPMENT AGREEMENT NO. 2023-02 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SANTA ANA and RCR BRISTOL, LLC A DELAWARE LIMITED LIABILITY COMPANY Exhibit 4 City Council 26 – 254 10/1/2024 -1- DEVELOPMENT AGREEMENT NO. 2023-02 This Development Agreement (“Agreement”) is entered into as of this ___ day of ___________, 2024 by and between the City of Santa Ana, California (“City”) on the one hand, and RCR BRISTOL, LLC, a Delaware limited liability company (“Owner” or “RCR”), on the other hand. City and Owner may be referred to in this Agreement individually as a “party” or collective as the “parties.” RECITALS A. City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code. RCR has an option to enter into a long-term ground lease to the Property, which ground lease constitutes an equitable interest in the Property. B. This Agreement constitutes a current exercise of City’s police powers to provide predictability to RCR in the development approval process by vesting the permitted uses, density, intensity of use, timing and phasing of development, and applicable ordinances consistent with the Development Plan in exchange for RCR’s commitment to provide significant public benefits to City as set forth in Section 4 below. C. RCR has requested that City enter into this Agreement and proceedings have been taken in accordance with applicable State law and the rules and regulations of the City in furtherance thereof. D. The best interests of the citizens of the City of Santa Ana and the public health, safety and welfare will be served by entering into this Agreement. E. The City Council hereby finds and determines that this Agreement is of major significance because it will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit. F. The provision by RCR of the public benefits as set forth in Section 4 below allows the City to realize significant economic, recreational, open space, educational, social, and other public benefits to City. These public benefits will advance the interests and meet the needs of Santa Ana residents and visitors to a significantly greater extent than would development of the Property without this Agreement. G. The physical effects, if any, of the Project and this Agreement have been analyzed pursuant to the California Environmental Quality Act as amended to date and as documented in the Final Environmental Impact Report entitled “Related Bristol Specific Plan Final Supplemental Environmental Impact Report” (State Clearinghouse House No. 2020029087 and City of Santa Ana DP No. 2022-31 (“Project FEIR”). H. This Agreement and the Project are consistent with the Santa Ana General Plan. I. All actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters. Exhibit 4 City Council 26 – 255 10/1/2024 -2- J. Development of the Property in accordance with this Agreement will provide substantial benefits to City, as set forth in Section 4 below, and as stated Sections 1.4 and 2.1 of the Specific Plan. will further important policies and goals of City. K. This Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Section 65864, et seq. of the Government Code are intended. L. On August 29, 2023, the City Council held a public hearing and authorized the City’s Planning Division to draft findings and issue a determination overruling the County of Orange Airport Land Use Commission’s Determination of Inconsistency associated with the Project and to provide notice of same in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics. M. On August 12, 2024 City’s Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement. N. On September 17, 2024, the City Council held a public hearing introducing this Agreement and considered the Planning Commission’s recommendations and the testimony and information submitted by City staff, RCR, and members of the public. On ________, consistent with applicable provisions of State law and the rules and regulations of the City, the City Council adopted Ordinance No. ___ finding this Agreement consistent with the City’s General Plan and approving and adopting this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, City and Owner hereby agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1. Definitions. The following terms when used in this Agreement (including in the recitals above) shall be defined as follows: 1.1.1. “Assigned Rights” has the meaning set forth in Section 2.5.1 hereof. 1.1.2. “Assignment and Assumption Agreement” has the meaning set forth in Section 2.5.1 hereof. 1.1.3. “Assumed Obligations” has the meaning set forth in Section 2.5.1 hereof. 1.1.4. “Agreement” means this Development Agreement. 1.1.5. “City” means the City of Santa Ana, a charter city and California municipal corporation. Exhibit 4 City Council 26 – 256 10/1/2024 -3- 1.1.6. “City Attorney” means the City of Santa Ana City Attorney. 1.1.7. “City Council” means the duly elected city council of the City of Santa Ana. 1.1.8. “Development” means the improvement of the Property for the purposes of completing the structures, improvements, and facilities comprising the Project including, but not limited to: grading; construction of infrastructure and other public facilities; construction of buildings and structures; installation of landscaping consistent with this Agreement. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.9. “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals. 1.1.10. “Development Plan” means the plan for development of the Property pursuant to the Project Approvals as set forth in Exhibit “C.” 1.1.11. “Development Project Review Approvals” refers to the administrative review of all projects meeting the requirements of Division 3 of Article V of Chapter 41 (Zoning) of the Santa Ana Municipal Code as may be required by the Project Approvals. 1.1.12. “Discretionary Action” or “Discretionary Approval” means an action that requires the exercise of judgment, deliberation, or discretion on the part of the City, including any board, agency, commission, or department and any officer or employee thereof, in the process of approving or disapproving Development of the Project, as distinguished from an activity that is defined herein as a Ministerial Permit or Ministerial Approval (i.e., Development Project Review Approvals). 1.1.13. “Effective Date” means the date the ordinance approving and authorizing this Agreement becomes effective. 1.1.14. “Executive Director” has the meaning set forth in Section 2.5.1 hereof. 1.1.15. “Existing Land Use Regulations” means the Land Use Regulations that are in effect on the Effective Date, pursuant to California Government Code Section 65866. 1.1.16. “Existing Project Approvals” means all Project Approvals approved or issued on or before the Effective Date. 1.1.17. “Fee Owners” shall collectively mean Greenville Ranch, LLC, BSG West Bristol, LLC, and MCG Bristol West, LLC, and their respective successors and assigns. 1.1.18. “Future Project Approvals” means Project Approvals for the Project that are adopted, approved, or issued after the Effective Date. Exhibit 4 City Council 26 – 257 10/1/2024 -4- 1.1.19. “Ground Lease” means the long term ground lease to be entered into by and between the Fee Owners, as ground lessors, and Owner, as ground lessee. 1.1.20. “Land Use Regulations” means all ordinances, laws, resolutions, codes, rules, regulations, policies, requirements, guidelines, or other actions of City, including but not limited to the provisions set forth in the City’s General Plan, Municipal Code, that affect, govern, or apply to the Development of the Project and use of the Property in a manner consistent with this Agreement, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property, subject to the terms of this Agreement, whether adopted by the City Council or the voters in an initiative. “Land Use Regulations” does not include any City ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes (special or general) and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use or the entry upon public property; (e) the exercise of the power of eminent domain. 1.1.21. “Leasehold Estate” means the leasehold estate to be created under the Ground Lease. 1.1.22. “Owner” means RCR or, as to each Project Phase that is the subject of a Sub Ground Lease, the Sub Ground Lessee under such Sub Ground Lease, and their successors in interest to all or any part of the applicable leasehold estate. 1.1.23. “Ministerial Approval,” or “Ministerial Act” means the nondiscretionary permits, plans, inspections, certificates, documents and licenses required to be taken, issued, or approved by the City in order for Owner to develop the Project, including, without limitation, building permits, grading permits, Development Project Review Approvals, and other similar permits and approvals. Any approval or act that is not a Discretionary Approval is a Ministerial Approval. 1.1.24. “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns. 1.1.25. “Project” means the development of the Property, as more specifically described in Exhibit “A” and shown on Exhibit “B,” pursuant to the Project Approvals and the Development Plan, as such Development Plan may be further defined, enhanced, or modified pursuant to the provisions of this Agreement. 1.1.26. “Project Open Space” means the approximately 13.1 acres of publicly accessible open-space areas, as defined in the Specific Plan, to be ground leased and maintained by Owner. Exhibit 4 City Council 26 – 258 10/1/2024 -5- 1.1.27. “Project Phase” shall mean a portion of the development of the Property as contemplated by the Project Approvals. To avoid confusion, a “Project Phase” may include one or more Development phases and shall not be limited to any single Specific Plan Phase and may consist of a portion of a Specific Plan Phase. 1.1.28. “Project Approvals” means all site-specific (meaning specifically applicable to the Project only and not generally applicable to some or all other properties within the City) plans, maps, permits, entitlements, approvals (including Development Project Review Approvals), and entitlements of every kind and nature that are sought or agreed to in writing by Owner in its sole and absolute discretion for Development of the Project and that are approved by the City. Project Approvals include, but are not limited to, general plan amendments, specific plan approvals or amendments, site plans, development project review approvals, tentative and final subdivision maps, design guidelines, variances, zoning designations, conditional use permits, grading, building, and other similar permits, the site-specific provisions of general plans, environmental assessments, including environmental impact reports and negative declarations. A list of the Project Approvals is set forth in Exhibit “C.” 1.1.29. “Property” means the real property described in Exhibit “A” and shown in Exhibit “B” to this Agreement. The Property is approximately 41.13 gross acres in size and is occupied by the Metro Town Square commercial development as of the Effective Date. It is composed of nine Assessor Parcel Numbers (APNs): 412-131-12, 412-131-13, 412-131-14, 412- 131-16, 412-131-17, 412-131-22, 412-131-24, 412-131-25 and 412-131-26. 1.1.30. “Public Benefit” refers to those benefits provided to the City and the community by Owner pursuant to Section 4 below. 1.1.31. “Reservation of Rights” means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City under Section 3.3 of this Agreement. 1.1.32. “Specific Plan Phase” means any one of the three phases as shown on Figure 6-2 (Conceptual Phasing Plan) of the Related Bristol Specific Plan. 1.1.33. “Sub Ground Lease” shall mean a sub ground lease entered into by Owner with a third party pursuant to the terms of which Owner sub ground leases to such third party the portion of the Property referenced therein. 1.1.34. “Sub Ground Lessee” shall mean the lessee under any Sub Ground Lease. 1.1.35. “Sub Leasehold Estate” means the leasehold estate created under any Sub Ground Lease. 1.1.36. “Term” has the meaning ascribed thereto in Section 2.4.1 below. 1.2. Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit “A” – Legal Description of the Property Exhibit “B” – Map showing Property and its location Exhibit 4 City Council 26 – 259 10/1/2024 -6- Exhibit “C” – Development Plan and list of Project Approvals 2. GENERAL PROVISIONS. 2.1. Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of the Development Plan, the Project Approvals, and this Agreement. This Agreement shall be recorded against the Property, subject to the terms and conditions of the Joinder attached hereto, which shall be executed by the Fee Owners and shall also bind the fee title to the Property subject to the terms and conditions of the Joinder attached hereto. 2.2. Ownership of Property. Owner represents and covenants that it has an option to enter into the Ground Lease, which Ground Lease constitutes an equitable interest in the Property. The Property’s fee simple owners are the Fee Owners as defined in Section 1.1.18. Owner does not have a fee simple interest in the Property. 2.3. City Council Findings. The City Council finds that: 2.3.1. This Agreement is consistent with the City’s General Plan. 2.3.2. This Agreement ensures a desirable and functional community environment, provides effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and enhances effective utilization of resources within the City. 2.3.3. This Agreement provides public benefits beyond those that are necessary to mitigate the development of the Project, as set forth in Section 4 below. 2.3.4. This Agreement strengthens the public planning process, encourages private participation in comprehensive planning, and reduces costs of development and government. 2.3.5. The best interests of the citizens of the City and the public health, safety, and welfare will be served by entering into this Agreement. 2.4. Term. 2.4.1. The initial term of this Agreement shall commence on the Effective Date and shall continue for a period of twenty (20) years thereafter (the “Initial Term”), unless modified or extended pursuant to the provisions of this Agreement. Together, the Initial Term and any extension under this Agreement shall constitute the “Term.” The Term, including all possible extensions, shall not exceed twenty-five-years unless this Agreement is amended to allow further extensions. Owner shall execute this Agreement which shall be recorded against the Property no later than ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. If Owner fails to enter into the Ground Lease within one (1) year of the Effective Date then this Agreement shall be null and void and of no further force or effect and the parties shall record a “Termination Release” as set forth in Section 10.1 below. (a) Owner has represented to City that Fee Owners are aware and understand of all of the terms of this Agreement and have consented to recordation of this Agreement against the Property subject to the terms and conditions of the Joinder attached hereto. Fee Owner shall Exhibit 4 City Council 26 – 260 10/1/2024 -7- execute the Joinder attached to this Agreement and the properly executed Joinder shall be provided to City no later than ten (10) days after approval of this Agreement by the City Council. (b) It is anticipated that Parties will sign the Development Agreement upon approval of the Agreement by the City Council. Owner and Fee Owner shall cause this Agreement to be timely recorded against the Property no later than ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. (c) Failure of Owner to record this Agreement against the Property within ten (10) days following the receipt of the fully-executed, recordable Agreement from the City shall constitute an event of default by Owner under this Agreement. 2.4.2. The Initial Term of this Agreement shall be automatically extended by up to five (5) years if Owner achieves the following milestones: grading permits have been issued and construction has commenced on: (i) no less than 250,000 square feet of non-residential floor area (e.g., grocer, retail, restaurants); and (ii) a hotel, subject to financial feasibility. Owner shall remain eligible for the five (5) year extension if Owner determines that a hotel is financially infeasible and City, employing a commercial reasonableness standard, affirms same. Owner shall within 30 days reimburse City for the reasonable cost of the City’s review of the hotel financial feasibility study. 2.4.3. If Owner fails to satisfy the prerequisites to securing the automatic extension, the City Council may nonetheless elect, in its sole discretion, to grant one or more extensions if Owner provides the City with a plan that includes a Development timeline and specific Development milestones. 2.4.4. When the Term ends, Owner shall have no vested right under this Agreement, regardless of whether or not Owner has paid City any Development Impact Fee. 2.4.5. If any party other than Owner initiates litigation that challenges the Project, this Agreement (and/or the ordinance approving this Agreement), or any of the Existing Project Approvals, the Owner will have the right to toll commencement of the Term, except for the duty to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under this Agreement during the period of such litigation. The tolling shall commence upon receipt by the City of written notice from Owner invoking this right to tolling. The tolling shall terminate when the action, including any appeal, is finally resolved, whether by entry of a final, non-appealable judgment that upholds the Project and the Existing Project Approvals or voluntary or involuntary dismissal of the entire action (and the passage of time required to appeal an involuntary dismissal) by the moving party. Owner shall similarly have the right to toll commencement of the Term, except for the duty to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under the Agreement in the event a referendum petition challenging the Project, the ordinance approving this Agreement, or any of the Project Approvals is submitted to the City Clerk. The tolling shall terminate if and when: (1) the City Clerk determines the referendum petition did not receive sufficient signatures to qualify for the ballot; or (2) the election results of the referendum uphold the Project and the Existing Project Approvals and are certified by the City Council. This Agreement shall be null and of no further force and effect in the event that the City Council rescinds the challenged action. Exhibit 4 City Council 26 – 261 10/1/2024 -8- 2.5. Assignment. 2.5.1. Right to Sell, Transfer, Assign and Sub Ground Lease. Owner shall have the right, from time to time, to transfer all or portions of its interest in the Leasehold Estate and any Sub Leasehold Estate (including through the entering into of one or more Sub Ground Leases) (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm, limited liability company, or corporation and, in connection therewith, to assign its rights under this Agreement, in whole or in part, to said person, partnership, joint venture, firm, limited liability company (collectively, the “Assigned Rights”); provided, however, that any such assignment of any rights and obligations under this Agreement shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement that pertain to the Project Phase that is the subject of such transfer, and be made in compliance with the following conditions precedent: (a) No transfer or assignment of any right or interest under this Agreement (in whole or in part) shall be made unless made together with the transfer of all or a part of the Leasehold Estate or Sub Leasehold Estate, as applicable, to which such rights or interests apply. (b) In connection with any such assignment of an Owner’s rights and obligations under this Agreement (in whole or in part), Owner shall notify City in writing at least sixty (60 days) in advance of any sale assignment and shall provide City with a draft assignment and assumption agreement (“Assignment and Assumption Agreement”), in a form reasonably satisfactory to City, to be entered into by Owner, such assignee, and the City, pursuant to the terms of which such assignee shall expressly and unconditionally assume those duties, obligations, agreements, covenants, and waivers of Owner under this Agreement that are applicable to the Project Phase that is the subject of the portion of the Leasehold Estate, or Sub Leasehold Estate, as applicable, being transferred, including, without limitation, the covenants not to sue and waivers contained in Sections 7.3.1 and 9.5.1 hereof (collectively, the “Assumed Obligations”). Notwithstanding the failure of any assignee to execute the Assignment and Assumption Agreement, as required by Section 2.5.1(b) above, the burdens of this Agreement (as they relate to the Project Phase that is the subject of the Leasehold Estate or Sub Leasehold Estate being transferred) shall be binding upon such transferee, but the benefits of this Agreement shall not inure to such transferee unless the Assignment and Assumption Agreement is executed. (c) The Executive Director for the Planning and Building Agency (the “Executive Director”) shall have the administrative authority to approve of the Assignment and Assumption Agreement and to determine whether Owner has complied with the above conditions, which approval and determination shall not be unreasonably withheld or conditioned. The Executive Director shall use best efforts to approve of the Assignment and Assumption Agreement and to determine whether the Owner has complied with the above conditions within five (5) business days following receipt of Owner’s written request. The Executive Director’s failure to approve or disapprove the foregoing within thirty (30) days following the Executive Directors receipt of Owner’s written request shall constitute City’s approval of the same. (d) Owner shall include the following sentence in each assignment, transfer or other conveyance document: “The Parties agree and acknowledge that no building permits will be issued by the City for a particular Project Phase unless and until the Community Benefit Exhibit 4 City Council 26 – 262 10/1/2024 -9- Payment has been made for the applicable Specific Plan Phase which the particular Project Phase is in.” 2.5.2. No Release of Transferring Owner. Notwithstanding any sale, transfer or assignment as provided in any Assignment and Assumption Agreement delivered in accordance with the provisions of Section 2.5.1 above, a transferring Owner shall continue to be obligated to comply with all of the terms and conditions set forth in this Agreement (and such transferring Owner shall not be released from any of such obligations) with respect to the transferred Leasehold Estate or Sub Leasehold Estate, or any transferred portion thereof, as applicable, and following any such transfer the transferring Owner and the transferee under the Assignment and Assumption Agreement shall be jointly and severally liable with respect to all of the obligations assumed by such transferee under such Assignment and Assumption Agreement. 2.6. Administrative Changes and Modifications. 2.6.1. Owner and City acknowledge that further planning and development of the Project may demonstrate that refinements and changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, the Project Approvals, the Existing Land Use Regulations, and, once issued, any Future Project Approvals. 2.6.2. If and when the parties find that “Substantially Conforming Changes,” as herein defined, are necessary, desirable or appropriate, they may, unless otherwise required by law, effectuate such changes or adjustments through an administrative operating memorandum that is executed by Owner and the Executive Director of the City’s Planning and Building Agency or the Director’s designee. As used herein, a “Substantially Conforming Change” is a minor change, modification, or adjustment that is deemed to be in substantial conformance with the Development Plan at the City’s sole and absolute discretion. The following are excluded from the definition of “Substantially Conforming Changes”: (1) changes to the timing or amount of the Project’s Twenty-Two Million dollar ($22,000,000) Community Benefit Payment; (2) changes to the In-Lieu Fee; (3) changes to the Project Open Space; and (4) changes to the Timing of Development as set forth in Sections 3.5.1 and 3.5.2. A Substantially Conforming Change is not considered an amendment to this Agreement or to Development Plan and so does not require prior notice or hearing by the Planning Commission or City Council. 2.7. Amendment or Cancellation of Agreement. Except for Substantially Conforming Changes as defined by Section 2.6.2 above, this Agreement may be amended or modified from time to time only with the written consent of Owner and the City or their successors and assigns, and only upon approval of an amendment by the City Council after a public hearing in accordance with Government Code Section 65868. This provision shall not limit any remedy of City or Owner as provided by this Agreement. For avoidance of doubt, no modification of the Development Agreement pursuant to this Section 2.7 shall limit or impair the rights of Fee Owners under the attached Joinder without the consent of Fee Owners. 2.8. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: 2.8.1. Expiration of the stated Term of this Agreement as set forth in Section 2.4, including any extension(s). Exhibit 4 City Council 26 – 263 10/1/2024 -10- 2.8.2. Entry of a final judgment by a court of competent jurisdiction setting aside, voiding, or annulling the adoption of the ordinance approving this Agreement and/or any Project Approvals as set forth in Exhibit C. 2.8.3. The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement and/or any Project Approvals. In the event a referendum petition challenging the ordinance approving this Agreement and/or any Project Approvals is submitted to the City Clerk, Owner shall deposit with the City Ten Thousand Dollars ($10,000) (“Petition Deposit”) to cover the actual cost incurred by the City examining the petition and verifying signatures. Should the referendum qualify for the ballot, Owner may request, at or prior to the Council meeting at which the Council will take up the referendum issue, that the City Council repeal the ordinance and/or any Project Approvals rather than submitting it to the voters. If Owner does not request that the City Council repeal the ordinance and/or any Project Approvals and the City Council submits the referendum to the voters, Owner shall deposit Fifty Thousand Dollars ($50,000) (“Referendum Deposit”) with the City. City may use the Referendum Deposit to pay any and all costs associated with the said referendum measure (e.g., legal fees for outside counsel). Any funds remaining in the Petition Deposit may be put toward the Referendum Deposit at the Owner’s request. If at any time the Referendum Deposit account has Five Thousand Dollars ($5,000) or less remaining, Owner shall, within three (3) business days of receiving notice from the City, deposit with the City Twenty-Five Thousand Dollars ($25,000) as requested by the City to cover necessary costs and expenses associated with the referendum and holding the related election. Following certification of the election results, any funds remaining in the Petition Deposit or the Referendum Deposit account shall be returned to the Owner within thirty (30) days of certification of the election results. In the event Owner requests that the City Council repeal the ordinance and the City Council nonetheless determines to submit the ordinance to the voters, Owner shall have no financial responsibility for the costs associated with holding the election, including any obligation to make a Referendum Deposit. 2.8.4. Completion of the Project in accordance with the terms of this Agreement, which is hereby defined to be: (i) issuance by the City of all required occupancy permits and final approvals for occupancy for the Project’s 3,750 multi-family residential units, 350,000 square feet of commercial uses, 250 room hotel, and 200 senior living/continuum of care units; (ii) acceptance by City or applicable public agency of all required dedications in connection with same; and (iii) written notification by City to Owner that the Project is complete. 2.8.5. Termination of the Agreement as provided under this Agreement, including but not limited to Section 7.4 herein, shall not constitute termination of any other Project Approvals. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. Upon such termination, any Development Impact Fees paid by Owner to City on which construction has not yet begun shall be refunded to Owner by City. 2.9. Notices. 2.9.1. As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. Exhibit 4 City Council 26 – 264 10/1/2024 -11- 2.9.2. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows: If to City: City Clerk 20 Civic Center Plaza, 8th Floor PO Box 1988 M-30 Santa Ana, Ca 82702 Copies to: City Manager City Attorney Executive Director of Planning and Building Agency If to Owner: Related California Residential, LLC 18201 Von Karman Avenue, Ste 900 Irvine, CA 92612 Attn: Steven S. Oh E-mail: Steven.Oh@Related.com Copies to: Sean Matsler, Esq. Cox, Castle & Nicholson LLP 3121 Michelson Drive, Ste 200 Irvine, CA 92612 E-mail: smatsler@coxcastle.com If to Fee Owners: Greenville Ranch, LLC 8856 Sutter Circle, Unit 526b Huntington Beach, CA 92646 Attn: Alice Z. Callens And BSG West Bristol, LLC c/o Eide Bailly LLP 1505 Madrona St. N., Ste 800 Twin Falls, ID 83301 Attn: Jeff Spackman Exhibit 4 City Council 26 – 265 10/1/2024 -12- And MCG Bristol West, LLC 6618 Avenida Bizarro La Jolla, CA 92037 Attn: David Cortney 2.9.3. Either party may, by written notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 2.9.4. Consistent with the Joinder attached hereto, Fee Owners shall receive notice of any default and have the right, but not obligation, to cure any default as permitted in Sections 9.1.2 and 9.1.3 below. Fee Owners and their lenders shall also be entitled to receive a Certificate of Compliance upon request as provided in Section 10.20. 3. DEVELOPMENT OF THE PROPERTY. 3.1. Rights to Develop. Subject to the terms of this Agreement, including the Reservation of Rights in Section 3.3 below, Owner shall have a vested right to develop the Property in accordance with, and to the extent of, this Agreement, and the Project Approvals, and the Development Plan for the duration of the Term. Owner may proceed with demolition permits prior to pulling building permits provided Owner has provided proof of financing for that portion of the Project that demolition permits are being sought for. From the commencement of demolition until issuance of the Certificate of Occupancy, Owner shall ensure that the Property is secured and that all construction walls are maintained in a good condition and repair with no graffiti. 3.1.1. Except as expressly provided otherwise herein, the Project shall remain subject to all Existing Land Use Regulations and Project Approvals for the Term. Except as otherwise provided in this Agreement, and notwithstanding the authority of the City to further revise the Land Use Regulations pursuant to Government Code Section 65866, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Existing Land Use Regulations and Project Approvals. 3.1.2. In accordance with Government Code Section 66452.6(a), any subdivision map approved which relates to all or a portion of the Property shall be extended for the greater of (i) the Term of this Agreement or (ii) expiration of the tentative map pursuant to Section 66452.6. 3.1.3. Owner shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project. 3.1.4. Notwithstanding Section 3.1.1 above, Owner acknowledges and agrees that the Project requires additional Project Approvals (the Future Project Approvals identified in Section 1.1.19). These Future Project Approvals shall be consistent with the Existing Project Approvals and this Agreement as to the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication Exhibit 4 City Council 26 – 266 10/1/2024 -13- of land for public purposes; however the Future Project Approvals may include additional conditions that are lawful and appropriate to the type of Project Approval. 3.2. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservation of Rights in Section 3.3 below, the rules, regulations and official policies governing, inter alia, permitted uses and Development of the Property, the density and intensity of use and of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property, shall be the Existing Land Use Regulations and Project Approvals. In connection with any subsequent Project Approvals and except as specifically provided otherwise herein, City may exercise its discretion as set forth in Section 3.3.2. 3.2.1. City shall reasonably strive to complete: (a) its initial review of individual development projects within 30 days after the application is deemed complete, (b) any second plan review within 15 days after submission, and (c) any third plan review within 10 days after submission. 3.2.2. Notwithstanding the foregoing, the City does not guarantee that the timelines above will be met, and failure to meet these timelines does not constitute a default. 3.2.3. To help ensure expedited review of its development approvals, Owner may elect to pay for City to use a contract planner. City agrees to retain a contract planner to expedite review, if Owner so elects. 3.3. Reservation of Rights. 3.3.1. Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following are not Existing Land Use Regulations, but shall apply to the development of the Property as they are in effect at the time of application for Development Project Review Approvals, provided such regulations and/or fees (as applicable) are not designed in a manner such that they are applicable only, to the Project and/or Property: (a) Processing fees and charges of every kind and nature imposed by City to cover the actual costs to City of processing applications for Project Approvals or for monitoring compliance with any Project Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, provided that such procedural regulations do not conflict with the Project Approvals. (c) Regulations, policies, and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the City, including, without limitation, the City’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. Exhibit 4 City Council 26 – 267 10/1/2024 -14- (d) Regulations that are in material conflict with this Agreement but that are reasonably necessary to protect the residents of the Project or the immediate community from a condition perilous to their health or safety. To the maximum extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement. (e) Regulations that are not in material conflict with this Agreement or the Development Plan. For avoidance of doubt, any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f) Regulations that are in material conflict with the Development Plan; provided Owner has given written consent to the application of such regulations to Development of the Property. (g) Regulations that impose, levy, alter or amend fees, or charges relating to consumers or end users, including, without limitation, trash can placement, service charges and limitations on vehicle parking. (h) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by City. 3.3.2. Subsequent Project Approvals. This Agreement shall not prevent City from exercising its rights under Government Code Section 65866 when acting on subsequent Project Approvals provided that such City actions do not materially conflict with this Agreement, the Development Plan, the Existing Land Use Regulations, and/or the Project Approvals. 3.3.3. Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.3.4. Intent. The parties acknowledge and agree that City is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority that cannot be or is not by this Agreement’s express terms so restricted. 3.4. Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 3.5. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that Exhibit 4 City Council 26 – 268 10/1/2024 -15- case to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the specific intent of the parties to provide for the timing of the Project in this Agreement. To do so, the parties acknowledge and provide that Owner shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment, except for the following: 3.5.1. No building permits for residential units shall be issued in excess of 1,875 residential units unless and until Owner commences construction activities for at least 175,000 square feet of commercial development. Owner may construct commercial square footage beyond 175,000 square feet if and when such additional commercial development is supported by market conditions, as determined by Owner in its sole discretion. Owner understands that commercial development is a priority to the City and agrees to exercise its discretion in good faith. 3.5.2. No less than 35,000 square feet of commercial development in Phase 1 or Phase 2 (as shown on Specific Plan Figure 6-2) shall consist of a grocer. 3.6. Moratoria. Except as specifically set forth in this section, City agrees that to the extent permitted by law, no moratorium or other similar limitation (whether relating to the rate, timing, or sequencing of the development of the Project or any part thereof and whether or not enacted by local initiative or otherwise) affecting subdivision maps, grading or building permits, occupancy certificates, or other entitlements approved, issued, or granted within the City, after the Effective Date of this Agreement, shall apply to the Project. Owner acknowledges and agrees that the provisions hereof shall not preclude the application to the Project of a moratorium or other similar limitation (of the type described in the preceding sentence) enacted in order to protect an imminent threat to the public health or safety. 3.7. Development Agreement/Project Approvals. In the event of any inconsistency between any Existing Land Use Regulation and a Project Approval, the provisions of the Project Approval shall control. In the event of any inconsistency between any Existing Land Use Regulation or Project Approval and this Agreement, the provisions of this Agreement shall control. 4. PUBLIC AND COMMUNITY SAFETY BENEFITS. 4.1. Public Benefits. The Project is expected to bring significant fiscal benefits to the City. The Project will also serve to implement the City’s General Plan vision for the Property, which has long been designated as a District Center where intense mixed-use development is encouraged. In addition, Owner has committed by this Agreement to contribute the public and community safety benefits, as provided below. 4.2. Community Benefits. 4.2.1. Santa Ana Police Department Substation: Prior to or concurrent with the construction completion of the Project’s Phase 1, as contemplated by the Development Approvals), Owner shall provide City, upon the City’s written request, with exclusive use of a 500 square foot space and 3 dedicated parking stalls within the Property for use by the Santa Ana Police Department as an administrative substation. This substation space and parking stalls will be owned by Owner but improved (tenant improvements), operated and maintained by the Santa Ana Police Department. The final location of the substation and its parking stalls are Exhibit 4 City Council 26 – 269 10/1/2024 -16- envisioned to be located in one of the buildings along Plaza Drive or MacArthur in Phase 3 of the Project, as contemplated by the Development Approvals, but may be temporarily located anywhere on the Property, including potentially within existing commercial center. The substation and its parking stalls may be relocated within the Property subject to the mutual agreement of the parties. For the Term of the Agreement, Owner shall maintain private onsite security to monitor all areas of the Property. 4.2.2. Project Community Benefit Package: The Project will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit. In addition, Owner has agreed to provide the City with a Twenty-Two Million dollar ($22,000,000) payment (“Community Benefit Payment”), which Community Benefit Payment shall be allocated at the City’s sole discretion. The Community Benefit Payment shall be paid to City by Owner pursuant to the following schedule: (1) Eight Million dollars ($8,000,000) prior to or concurrent with the issuance of the first demolition permit in furtherance of the Project’s first Specific Plan Phase (“Community Benefit Payment No. 1”); (2) Six Million dollars ($6,000,000) prior to the issuance of the first building permit in furtherance of the Project’s second Specific Plan Phase (“Community Benefit Payment No. 2”); and (3) Eight Million dollars ($8,000,000) prior to the issuance of the first building permit in furtherance of any component of the Project’s third Specific Plan Phase except for building permits in furtherance of the Project Open Space (“Community Benefit Payment No. 3”). If the City has not received Community Benefit Payment No. 2 on or before the date that is 36 months and 1 day from the date of the Community Benefit Payment No. 1 payment, then Community Benefit Payment No. 2 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. Similarly, if the City has not received Community Benefit Payment No. 3 on or before the date that is 36 months and 1 day from the date of the Community Benefit Payment No. 2 payment, then Community Benefit Payment No. 3 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. Developer may commence construction of the Specific Plan Phases in any order. Notwithstanding the Specific Plan Phase order, Community Benefit Payment No. 1 shall be paid prior to or concurrent with the issuance of the first demolition permit in furtherance of any Specific Plan Phase; Community Benefit Payment No. 2 shall be paid prior to or concurrent with the issuance of the first building permit in furtherance of a different Specific Plan Phase; and Community Benefit Payment No. 3 shall be paid prior to or concurrent with the issuance of the first building permit in furtherance of the final Specific Plan Phase. 4.2.3. Business Retention and Local Vendors. Owner assumes the risk and shall be solely liable for any and all relocation benefits that are payable to any existing tenants in accordance with Government Code Sections 7260 et. seq. (See also Kong v. City of Hawaiian Gardens Redevelopment Agency (2002) 101 Cal.App.4th 1317). Owner shall defend and indemnity the City against any and all relocation claims. 4.2.4. Hotel Economic Benefits. The hotel(s) shall be operated under a recognized hotel flag or by a boutique hotel operator with a demonstrated track record of success operating similar hotels. Owner shall employ commercially reasonable efforts to secure a four-star hotel or above out of a five-star rating system as widely recognized and commonly used in the hospitality industry. 4.2.5. Project Open Space. In accordance with the Specific Plan, Owner shall construct, own, and maintain the Project Open Space. Exhibit 4 City Council 26 – 270 10/1/2024 -17- (a) Owner shall design the Project Open Space to promote biodiversity, extend thermal comfort, and to promote biophilic design, health, and wellness. (b) Owner shall provide a total minimum of 4 free on-site events per year for the general public (e.g., concerts or farmers markets) including programming on sustainability and wellness, subject to Force Majeure events, as follows: (a) a minimum of two (2) free events per year shall be provided commencing one year after the completion of the southern Mixed- Use/Village Core district as set forth in the Specific Plan; and (b) a minimum of two (2) free events per year shall be provided commencing one year after the completion of the northern Mixed-use/Residential district as set forth in the Specific Plan. Owner’s obligation under this Section shall terminate after 25 years after the commencement of the first free on-site event or upon termination of this Agreement whichever occurs later. (c) Owner shall record one or more open space easements against the Property for the benefit of the City concurrent with the recordation of the subdivision maps that implement a given Project Phase or Development phase, as contemplated by the Project Approvals. (d) City shall provide Owner a credit against its park and open space fee obligations (e.g., Park Acquisition and Development Fee) for the hard and soft cost of all land, improvements, operation, and maintenance associated with the Project Open Space. In the event the Project Open Space is less than 13.1 acres, Owner must satisfy any required park and recreation fees or other obligations (including those specified in Chapter 35, Article IV of the Santa Ana Municipal Code) for the amount of the acreage shortfall as calculated by the City. 4.2.6. Construction Standards. (a) Leadership in Energy and Environmental Design (LEED). The Project shall be constructed to a minimum LEED Silver standard, as established by the U.S. Green Building Council. (b) Water Conservation. The Project shall include high-efficiency irrigation, native drought-tolerant plantings, low-flow plumbing fixtures, and Energy Star equipment and appliances. (c) Electric Vehicle (“EV”) Parking. No less than 5% of all structured parking stalls in the Project shall be equipped with EV chargers. No less than 10% of all parking stalls located within the parking structures shall be EV ready with sufficient electrical infrastructure to enable the future installation of EV conduit and chargers. (d) Signage Program. Owner shall implement a signage program to promote mass transit, provide ride-share infrastructure & bike/e-mobility facilities. (e) Electrical Appliances: All individual residential units within the Project shall utilize electric or induction stoves, ovens, and clothing dryers. This obligation shall not apply to commercial, common area, hotel, or other non-residential uses. (f) Photovoltaic Panels: The Project shall incorporate photovoltaic panels on all residential components of the Project Exhibit 4 City Council 26 – 271 10/1/2024 -18- (g) Ecology & Wellness. Owner shall exercise commercially reasonable efforts to implement a single use plastic or non-biodegradable plastic use reduction program with retail tenants where feasible, with the exception of the grocer. (h) Carbon Sequestering. Owner shall exercise commercially reasonable efforts to incorporate carbon sequestering vegetation in the landscaping plans (i) Fitwell. Owner shall exercise commercially reasonable efforts to obtain Fitwell certification for the residential components of the Project. (j) Bike Lockers. With issuance of each building permit, Owner shall provide for and maintain and secure bike lockers or bike storage rooms on the Property. At least half of the lockers shall be made available for free to Project residents and employees. 4.2.7. Orange County Flood Control District Parcel: The Orange County Flood Control District owns an approximately 0.2 acre parcel (APN 412-131-27) adjacent to, and immediately northeast of, the Property (“OCFCD Parcel”). Owner shall make a reasonable and good faith effort to work cooperatively with City and the Orange County Flood Control District to improve and maintain the OCFCD Parcel. 5. HOUSING OPPORTUNITY ORDINANCE COMPLIANCE. 5.1. Owner Exemption. During the Term of this Agreement, as such Term may be extended, Consistent with Santa Ana Municipal Code Section 41-1903(a), Owner is exempt from Santa Ana Municipal Code Article XVIII.I inclusionary housing requirements (i.e., the Affordable Housing and Opportunity Ordinance) because Owner is entering into this Agreement. In lieu of compliance with Article XVIII.I, Owner commits to the In-Lieu Fee as set forth in Section 5.1.1, below, which may be paid at the time of building permit issuance for each market rate residential unit contemplated by a given building permit or in the aggregate, at Owner’s sole discretion. In- Lieu fees paid in excess of the requirements for a particular building permit may be accrued and used by Owner to satisfy future in lieu fee requirements. Upon expiration or termination of this Agreement, Owner shall be subject to Santa Ana Municipal Code Article XVIII.I for any unit that has not received a Certificate of Occupancy. 5.1.1. In -Lieu Fee. Upon timely payment of the Twenty-Two Million dollar ($22,000,000) Community Benefit Payment as provided in Section 4.2.2, Owner shall make an in-lieu fee payment at the time of building permit issuance for each market rate residential unit contemplated by the building permit equal to five dollars ($5.00) per habitable square foot of each market rate residential unit (excluding Senior Assisted Living Community units, identified in Section 4.1.3 of the Specific Plan as Congregate Housing, Assisted Living or Memory Care units). At Owner’s sole discretion, Owner may convert any Senior Assisted Living Community units to Independent Living units (as defined in Section 4.1.3 of the Specific Plan) and/or multifamily market rate units by paying the in-lieu housing fee in accordance with this Agreement. 6. REVIEW FOR COMPLIANCE. 6.1. Periodic Review. Exhibit 4 City Council 26 – 272 10/1/2024 -19- 6.1.1. The City shall review this Agreement annually, on or before July 1, 2025, and annually thereafter until the expiration of this Agreement, in order to ascertain the compliance by Owner with the terms of this Agreement (“Annual Review”). Owner shall timely submit an Annual Monitoring Report, in a form acceptable to the City Manager on or before the first anniversary of the Effective Date and annually thereafter until the expiration of this Agreement. If the Annual Review is not submitted within thirty (30) days after written notice from the City Manager, then Owner shall be in breach of this Agreement. The failure of the City to conduct the Annual Review shall not constitute a default by Owner. The Annual Monitoring Report shall be accompanied by an “Annual Review and Administration Fee” sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the Annual Review and Administration Fee” shall be set annually by resolution of the City Council. 6.1.2. The Annual Review shall include a progress report on the status of the implementation of the Project and the new tax revenue generated by the Project, including, but not limited to, the following: (a) Development and construction progress of the following uses and Project components: (i) Site development (ii) Public infrastructure, (iii) Project design features, (iv) Community benefits, (v) Plaza, (vi) Hotel, (vii) Residential, (viii) Commercial, (ix) Office (x) Parking (xi) Philanthropic activities (education, culture, arts) (b) Reporting for items listed in Section 6.1.2(a) shall be include a table substantially similar to the following: An example of a compliance report for site development and can be applied to other above criteria and metrics. Reporting Period: 2025 – 1st Report Year 1 of 20 of Agreement Exhibit 4 City Council 26 – 273 10/1/2024 -20- Use Approved SF/Units/Rooms Total Completed In Period Cumulative Total Completed Remaining to Be Completed Status & Look Ahead Residential 3,750 100 200 3,550 On target with 300 to be completed in the next period Hotel 250 250 250 0 Completed Commercial New 350,000 150,000 150,000 200,000 150k completed for Tenant X. 20-Year lease. Negotiating with Tenant Y for a 15 year lease. (c) Progress relative to economic projections of: (i) Increases in property tax, (ii) Property Tax In-Lieu of VLF received by the City, (iii) Sales tax received from the Project, (iv) Business tax received from the Project, (v) Hotel Visitors Tax (HVT) (vi) Utility User Tax received from the Project, (d) Reporting for items listed in Section 6.1.2(c) shall be include a table, prepared by Owner with City’s cooperation, substantially similar to the following: Reporting Period: 2024 – _____ Year 1 of 20 of Agreement Revenue Total for Period Cumulative to date Percentage increase over 2018 Base Year Status & Look Ahead Property Tax Property Tax In-Lieu of VLF Sales Tax TOT (HVT) Business Tax Franchise Tax UUT Exhibit 4 City Council 26 – 274 10/1/2024 -21- 6.2. Special Review. The City Council may order a special review of compliance with this Agreement at any time commencing one year following the issuance of the Project’s first building permit, but not more than once during any 12-month period. The City Manager, or his or her designee, shall conduct such special reviews. 6.3. Review Procedure. 6.3.1. During either an Annual Review or a special review, Owner shall be required to demonstrate good-faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on Owner. 6.3.2. Upon completion of an Annual Review or a special review, the City Manager, or the City Manager’s designee, shall submit a receive and file report to the Planning Commission if he or she finds that Owner is in good-faith compliance with the terms of this Agreement. If the City Manager, or the City Manager’s designee, finds on the basis of reasonable evidence that Owner is not in good-faith compliance with the terms of this Agreement, he or she shall set the matter for hearing before the Planning Commission and shall submit a report setting forth said evidence concerning compliance by Owner with the terms of this Agreement and his or her recommended finding on that issue. 6.3.3. If the Planning Commission finds on the basis of substantial evidence that Owner is in good-faith compliance with the terms of this Agreement, it shall confirm same and formally conclude the review by resolution. If the Planning Commission finds and determines on the basis of substantial evidence that Owner has not complied in good faith with the terms and conditions of this Agreement: (a) The Planning Commission shall provide written notice to Owner of such findings setting forth the nature of the problem and the actions, if any, required of Owner to cure such problem. (b) If the problem can be cured and Owner fails to take such actions and cure such problem within sixty (60) days after of the effective date of the Planning Commission’s notice or, in the event that such problem cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such problem within such sixty (60) day period and to diligently proceed to complete such actions and cure such problem, then the Planning Commission may recommend to the City Council modification or termination of this Agreement. (c) Owner may appeal a Planning Commission determination pursuant to this Section 6.3.3 pursuant to City’s rules for consideration of appeals in zoning matters then in effect. If a Planning Commission determination is appealed, any cure ordered by the Planning Commission shall be tolled until a decision is reached by the City Council on the appeal. Notice of default as provided under Section 7 of this Agreement shall be given to such Owner prior to or concurrent with proceedings under Section 6.4 and Section 6.5. 6.4. Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, City determines to proceed with modification or termination of this Agreement, City shall give Exhibit 4 City Council 26 – 275 10/1/2024 -22- written notice to Owner of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain: 6.4.1. The time and place of the hearing; 6.4.2. A statement as to whether or not City proposes to terminate or to modify this Agreement; and, 6.4.3. Such other information that the City considers necessary to inform Owner of the nature of the proceeding. 6.5. Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good-faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, the City Council may terminate this Agreement or, in lieu of termination and with the consent of Owner, modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final. 6.6. Certificate of Agreement Compliance. 6.6.1. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance (“Certificate”) to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and City Council that: (1) this Agreement remains in effect; and (2) Owner is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder. 6.6.2. Whether or not the Certificate is relied upon by assignees or other transferees or Owner, City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the City Manager or City Council. 6.7. Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City’s existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Development Agreement (although such conditions must comply with the Applicable Rules). 7. DEFAULT AND REMEDIES. 7.1. Remedies in General. It is acknowledged by the parties that City and Owner would not have entered into this Agreement if either party were to be liable in damages arising out of a breach or default under this Agreement and, therefore, each of the parties hereto hereby acknowledge and agree that the sole remedies that either party hereto may pursue and enforce against the other arising out of a default or breach under this Agreement by the other party (and Exhibit 4 City Council 26 – 276 10/1/2024 -23- the expiration of all applicable notice and cure periods) shall be an action for specific performance or a termination of this Agreement by such non-defaulting party’s obligations under this Agreement (subject to the terms and provisions of Section 6.3.3), and each party hereto expressly waives any other remedy they might otherwise be entitled to pursue, at law or in equity, against the other, and each party hereto expressly waives any right to sue the other for damages or claim any damages. 7.2. Release. 7.2.1. Except for specific performance, Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees, from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, because it entered into this Agreement or because of the terms of this Agreement. Owner hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY..” By initialing below, Owner hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________ Owner’s Initials 7.2.2. Except for specific performance, City, for itself, its successors and assignees, hereby releases Owner, its officers, agents and employees, from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, because it entered into this Agreement or because of the terms of this Agreement. City hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY..” By initialing below, City hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________ City’s Initials 7.3. Termination or Modification of Agreement for Default of an Owner. City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of Exhibit 4 City Council 26 – 277 10/1/2024 -24- Owner under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, City may terminate or modify this Agreement pursuant to this Section 7.4 only after providing written notice to Owner of default setting forth the nature of the default and the actions, if any, required by Owner to cure such default and, where the default can be cured Owner has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 7.3.1. No Cross Default. Parties agree and acknowledges that, notwithstanding anything stated to the contrary in this Agreement: (a) the failure of RCR to comply with or satisfy any of RCR’s obligations under this Agreement shall not limit or impair a transferee’s rights and benefits under this Agreement with respect to its Assigned Rights (as they apply to the Project Phase owned by such transferee) under Section 2.5.1 of this Agreement and (b) the failure of any transferee to satisfy such transferee’s Assumed Obligations as provided for under Section 2.5.1 of this Agreement shall not, as to the Project Phase to which those Assumed Obligations apply, limit or impair any of the Assigned Rights of any other transferee as to the Project Phase owned by such other transferee. 7.4. Voluntary Termination of Agreement by RCR. In the event RCR determines, in its sole discretion, prior to issuance of the first demolition permit implementing the first Specific Plan Phase, that it no longer wishes to proceed with the Project pursuant to the terms of this Agreement, RCR may terminate this Agreement by providing the City with 30 days written notice. Notwithstanding this or other provisions herein, RCR’s indemnity and defense obligations shall survive such termination for the later of twelve (12) months or expiration of the statute of limitations on any and all potential causes of action against the City as set forth in Section 8 of this Agreement. 7.5. Notice and Cure Rights. Notwithstanding anything stated to the contrary in this Agreement, City shall have no right to terminate any of the rights of any Owner under this Agreement unless such Owner has failed to cure any default under this Agreement giving rise to any such termination right within the cure periods expressly provided for above in this Section 7. 8. LITIGATION 8.1. Third-Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, any document prepared for the Project in compliance with the California Environmental Quality Act, or the approval of any permit or entitlement granted pursuant to this Agreement for the Project. City shall promptly notify Owner of any claim, action, proceeding or determination included within this Section 8.1 no later than fourteen (14) business days and City’s receipt of service of process and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, proceeding or determination as required by this Section, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City as to that claim, action, proceeding, or determination. City may in its discretion participate in the defense. 8.2. Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of Exhibit 4 City Council 26 – 278 10/1/2024 -25- Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys’ fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense. 8.3. Reservation of Rights. With respect to Section 8.1 and Section 8.2 herein, City reserves, the right to either (1) approve the attorney(s) that the indemnifying party selects, hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withheld, conditioned, or delayed; or (2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing and accounting therefor. 8.4. Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement, Owner, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes, without limitation, the covenant against any direct suit by Owner or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to City by Owner or its successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction. Owner hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. 8.5. Survival. The provisions of Sections 8.1 and 8.2 shall survive the termination of this Agreement. 9. MORTGAGEE PROTECTION. 9.1. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. In furtherance of the foregoing, and notwithstanding anything stated to the contrary in this Agreement, any Mortgagee of the Property shall be entitled to the following rights and privileges: 9.1.1. Default under Agreement Does Not Impair Lien of any Mortgage. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property, the Leasehold Estate, or any Sub Leasehold Estate made in good faith and for value, unless otherwise required by law. 9.1.2. Request for Notices of Default by Mortgagee. The Mortgagee of any mortgage or deed of trust encumbering the Property, the Leasehold Estate, or Sub Leasehold Estate, or any Exhibit 4 City Council 26 – 279 10/1/2024 -26- part thereof, which Mortgagee, has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the applicable Owner in the performance of such Owner’s obligations under this Agreement. 9.1.3. If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. 9.1.4. Lender Protection Provisions. (a) Notices to Mortgagees; Mortgagee’s Right to Cure. (i) Notices to Mortgagees. City shall send to each Mortgagee which has provided City written notice of its name and address, in the manner provided by Section 9.1 above, a true, correct and complete copy of any written notice sent to Owner or any Sub Ground Lessee, as applicable, of a default by Owner or any Sub Ground Lessee under this Agreement at the same time as and whenever any such notice of default shall be given by City to Owner or any Sub Ground Lessee, addressed to such Mortgagee at the address last furnished to City by such Mortgagee. Owner and each Sub Ground Lessee, as applicable, irrevocably directs that City accept, and City agrees to accept, performance and compliance by any such Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on Owner’s, or any Sub Ground Lessee’s, part to be kept, observed or performed hereunder with the same force and effect as though kept, observed or performed by Owner and/or any such Sub Ground Lessee, as applicable, provided that such performance and/or compliance is made in accordance with the provisions of Section 10.1.4 below. (ii) Mortgagee’s Right to Cure. Notwithstanding anything stated to the contrary in this Agreement, this Agreement shall not be terminated as to any Project Phase because of a default or breach hereunder on the part of Owner or any Sub Ground Lessee until and unless: (1) written notice of any such default or breach has been delivered to Mortgagee in accordance with the provisions of Section 10.3 above, (2) with respect to a default or breach that is curable solely by the payment of money, Mortgagee, Owner and any applicable Sub Ground Lessee have failed to cure such default or breach within thirty (30) days following the expiration of any of Owner’s and/or any Sub Ground Lessee’s, as applicable, notice and cure periods set forth herein, and (3) with respect to a default or breach that is not curable solely by the payment of money, Mortgagee, Owner and/or any applicable Sub Ground Lessee have failed to cure such default or breach within ninety (90) days following the expiration of any of Owner’s and/or any applicable Sub Ground Lessee’s notice and cure periods set forth herein or, if such default or breach is curable but cannot be cured within such time period, (i) Mortgagee has failed to notify City within such ninety (90) day time period that Mortgagee intends to cure such default or breach, (ii) Mortgagee fails to commence to cure such default or breach within such ninety (90) day period, or (iii) Mortgagee fails to diligently prosecute such cure to completion. It is expressly understood and agreed that no Mortgagee shall have any obligation Exhibit 4 City Council 26 – 280 10/1/2024 -27- hereunder to cure or complete any cure of any breach or default by Owner or any applicable Sub Ground Lessee hereunder. (b) Permitted Transfers to Mortgagee. (i) Notwithstanding anything stated to the contrary in this Agreement, the following transfers shall be permitted and shall not require the approval or consent of City: (1) A transfer of the Owner’s or any Sub Ground Lessee’s Leasehold Estate or Sub Leasehold Estate, as applicable (and the concurrent transfer of the Owner’s or any Sub Ground Lessee’s rights under this Agreement with respect to the Project Phase that is the subject of the Leasehold Estate or Sub Leasehold Estate provided the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase), at a foreclosure sale under a Mortgage, whether pursuant to the power of sale contained therein or a judicial foreclosure decree, or by an assignment in lieu of foreclosure, or (2) Any subsequent transfer by a Mortgagee (or its nominee or designee if the Mortgagee, or such nominee or designee, is the purchaser at such foreclosure sale or under such assignment in lieu of foreclosure) with respect to the Leasehold Estate or any Sub Leasehold Estate, and the concurrent transfer of the Owner’s or any Sub Ground Lessee’s rights under this Agreement with respect to the Project Phase that is the subject of the Leasehold Estate or Sub Leasehold Estate so transferred, provided that the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase. (ii) Any transferee arising from any transfer permitted above shall be liable to perform the obligations of Owner or any Sub Ground Lessee, as applicable, under this Agreement only so long as such transferee holds title to the Leasehold Estate or Sub Leasehold Estate, provided that upon any such conveyance of title, such transferee's transferee expressly assumes and agrees to perform all of the obligations of this Agreement first arising after the date of such conveyance to the extent applicable to the Project Phase to which such Leasehold Estate or applicable Sub Leasehold Estate applies. (iii) Following the transfer, if any, described in Section 10.1.3(b)(i) above, all non-curable defaults existing under this Agreement prior to such transfer shall be deemed waived without further notice or action of any party. (c) Rights of Mezzanine Lender. Any lender that makes a loan to Owner or to any Sub Ground Lessee, or to any entity holding an interest in Owner or any Sub Ground Lessee, direct or indirect, that is secured by a pledge of equity interests in Owner or any applicable Sub Ground Lessee, direct or indirect, shall be entitled to all of the rights and remedies under this Section 10.1.3 that are afforded to a Mortgagee under this Agreement, (i) provided that Owner or any applicable Sub Ground Lessee shall have provided to City written notice setting forth the name and address of any such lender, and (ii) except that such rights and remedies shall be subject and subordinate to the rights of any Mortgagee, and shall not impair any of the rights and remedies afforded any Mortgagee, hereunder. 9.1.5. Obligations of Mortgagee Under Agreement. Any Mortgagee who comes into possession of the Leasehold Estate, or a Sub Leasehold Estate, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Leasehold Estate or Sub Leasehold Estate as applicable, or part thereof, subject to the terms of Exhibit 4 City Council 26 – 281 10/1/2024 -28- this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of an Owner’s obligations or other affirmative covenants of an Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by an Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement. (a) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property as applicable, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of an Owner’s obligations or other affirmative covenants of an Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by an Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement. 9.1.6. Fee Owners’ Right to Encumber Property. Fee Owners shall have the right to encumber the fee title in the Property by any mortgage, deed of trust or other security device securing financing for the fee title in the Property to the extent permitted pursuant to the terms of (and subject to all the terms and conditions set forth in) the Ground Lease, and nothing in this Agreement shall impair such right. Any Mortgagee of the fee title in the Property shall have all the benefits of a Mortgagee provided in this Agreement, including the right to receive notice of default and the right, but not obligation, to cure any default as permitted hereunder. Notwithstanding anything to the contrary in this Section 9.1, a Mortgagee of the fee title shall have no obligations under this Agreement except that upon any conveyance of fee title to such Mortgagee, the Mortgagee shall assume the express obligations of the Fee Owners under this Agreement. 10. MISCELLANEOUS PROVISIONS. 10.1. Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Orange County Recorder by the Clerk of the City Council against the Property within ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. If the parties to this Agreement or their successors in interest amend or cancel this Agreement, or if the City terminates or modifies this Agreement as provided herein for failure of the Owner to comply in good faith with the terms and conditions of this Agreement, the City Clerk shall cause notice of such action recorded with the Orange County Recorder, and in connection with any termination of this Agreement, in such form or by such recordable instrument, that will allow a reputable title company to remove the Agreement as an exception to title of the Property (a “Termination Release”). 10.2. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall Exhibit 4 City Council 26 – 282 10/1/2024 -29- be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3. Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 10.4. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California, with venue in Orange County. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6. Singular and Plural. As used herein, the singular of any word includes the plural. 10.7. Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot that has been finally subdivided and sold to such owner as a member of the general public shall have any obligation under this Agreement except as expressly provided for herein. 10.8. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.9. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10. Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns, and no other person shall have any right of action based upon any provision of this Agreement. 10.11. Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by: (1) strikes, lockouts or labor disputes; (2) inability to obtain labor or materials or reasonable substitutes therefor (including as a result of freight embargos); (3) inclement weather which delays or precludes construction; (4) acts of God, including but not limited to earthquakes, or the public enemy or civil commotion; (5) condemnation, (6) fire or other casualty; (7) shortage of fuel, electricity or Exhibit 4 City Council 26 – 283 10/1/2024 -30- natural gas; (8) action or nonaction of public utilities or of local, state or federal governments, affecting the work, including, but not limited to, any delays in the permitting process as a result of the action or inaction of such governmental authorities including government shutdown for a period of time of one (1) week or more; (9) criminal acts or acts of terrorism; or (10) pandemic or government imposed quarantine (11) other conditions similar to those enumerated above which are beyond the reasonable anticipation or control of such Party, or other causes beyond the Party’s reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event , provided that the Term of this Agreement shall not be extended pursuant to this section for more than five (5) years. 10.12. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 10.13. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.14. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.15. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.16. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property. 10.17. Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.18. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. Exhibit 4 City Council 26 – 284 10/1/2024 -31- 10.19. Agent for Service of Process. In the event any Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the City Manager, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 10.20. Certificate of Compliance. At any time during the term of this Agreement, any lender or either Party may request either Party to this Agreement to confirm that (1) this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications); (2) to the best of such Party’s knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults; and (3) any other information reasonably requested. Each Party hereby agrees to provide a Certificate to such lender or other Party within thirty (30) days of receipt of the written request therefor. 10.21. Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind Owner to the performance of its obligations hereunder. [Signatures on following pages] Exhibit 4 City Council 26 – 285 10/1/2024 -32- IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below. OWNER RCR BRISTOL, LLC, a Delaware limited liability company By:_______________________ Name: Title: Dated: _______________ CITY City OF SANTA ANA, a California municipal corporation By:_________________________________ Mayor Dated: _______________ ATTEST: By:_________________________________ City Clerk Dated: _______________ APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP By:____________________________________ City Attorney Dated: _______________ Exhibit 4 City Council 26 – 286 10/1/2024 -33- JOINDER Unless expressly defined herein, all capitalized terms used herein shall have the meanings ascribed to such terms in the Development Agreement (the “Development Agreement”) to which this Joinder is attached. The undersigned Fee Owners are hereby entering into this Joinder for the sole purpose of subjecting their fee title to the Property to the burden and effect of the Development Agreement and, upon the recording of the Development Agreement in the Official Records of Orange County, fee title to the Property shall be encumbered by all of the terms and conditions of the Development Agreement; provided, however, notwithstanding the foregoing, the City acknowledges and agrees that unless the Fee Owners hereafter execute an Assignment and Assumption Agreement in a form approved by Fee Owners and the City in the manner described in Section 2.5.1 of the Development Agreement (the “Approved Form”), the Fee Owners (including members, partners, officers, agents or representatives of Fee Owners) shall have no liability, rights or obligations under the Development Agreement except for such rights or obligations expressly set forth for the benefit or burden of Fee Owners under the Development Agreement. Unless and until an Assignment and Assumption Agreement, in the Approved Form, is executed by the Fee Owners and City, City shall have no recourse against the Fee Owners or the fee title to the Property. Fee Owners shall receive notice of default and have the right, but not obligation, to cure any default as permitted in Sections 9.1.2 and 9.1.3 of the Development Agreement. Fee Owners and their lenders shall be entitled to receive a Certificate of Compliance upon request as provided in Section 10.20 of the Development Agreement. In addition, in the event that the Ground Lease is terminated, Fee Owners shall thereafter have the right to terminate the Development Agreement upon written notice to City, in which event the City shall cause to record a Termination Release with the Orange County Recorder. For avoidance of doubt, no modification of the Development Agreement pursuant to Section 2.7 of the Development Agreement shall limit or impair the rights of Fee Owners under this Joinder without the consent of Fee Owners. Greenville Ranch, LLC, a California limited liability company By: ___________________________ Alice Z. Callens, President By: ___________________________ Louise A. Callens, Secretary/Treasurer Executed as of __________________, 2024 Exhibit 4 City Council 26 – 287 10/1/2024 -34- MCG Bristol West, LLC, a California limited liability company By: ___________________________ David W. Cortney, Manager Executed as of __________________, 2024 BSG West Bristol, LLC, a California limited liability company By: ___________________________ Robert Bradley Gisler, Manager By: ___________________________ Susan E. Gisler, Manager Executed as of __________________, 2024 Exhibit 4 City Council 26 – 288 10/1/2024 EXHIBIT “A” (Legal Description of the Property) Exhibit 4 City Council 26 – 289 10/1/2024 EXHIBIT “B” (Map of the Property) Exhibit 4 City Council 26 – 290 10/1/2024 EXHIBIT “C” Development Plan and list of Project Approvals Development Plans and entitlement applications as presented in the City Staff Report Dated September 17, 2024 are incorporated herein by reference. Project Approvals include, but may not be limited to the following entitlements: 1. The Final Supplemental Environmental Impact Report entitled “Related Bristol Specific Plan Final Environmental Impact Report” (State Clearinghouse House No. 2020029087 and City of Santa Ana Development Project No. 2022-31 (“Project FEIR”), which tiers off the GPU FEIR (SCH# 2020029087) that was certified by the City on April 19, 2022. 2. The “Related Bristol” Specific Plan, dated July 2024, adopted by the City Council on _____, 2024, by way of Ord. No. __. 3. The Vesting Tentative Tract Map, dated July 29, 2024, approved by the City Council on September 17, 2024, by way of Resolution No. __. 4. The Zoning Map Amendment dated _______2023, adopted by the City Council on _____, 2024, by way of Ord. No. __ 084542\17991095v1 Exhibit 4 City Council 26 – 291 10/1/2024 Resolution No. 2024-XXX Page 1 of 8 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2023-01 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXED-USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Steven Oh, with RCR Bristol, LLC (“Applicant”), on behalf of Greenville Ranch LLC, BSG West Bristol LLC, and MCG Bristol West LLC (“Property Owners”), is requesting approval of Vesting Tentative Tract Map (“TTM”) No. 2023-01 to facilitate the construction of a mixed-use development (“Project”), known as the Related Bristol Specific Plan Project, at 3600 Bristol Street (“Project Site”). B. The Project entails, among other things, (1) demolition of the existing sixteen (16) structures on the Project Site; (2) the establishment of a new Related Bristol Specific Plan (SP No. 5) and a change of zone for the Project Site to the new Related Bristol Specific Plan (SP No. 5) designation; (3) redevelopment of the Project Site into 3,750 residential units, up to 350,000 square feet of co mmercial space, 250 hotel rooms, and 200 senior care units, including 6,520 onsite parking spaces, and 13.1 acres of onsite open space; and (4) approval of Vesting Tentative Tract Map (“VTTM”) No. 2023-01. C. The Project Site has a General Plan land use designation of District Center High (DC-5) and is located within the General Commercial (C2) zoning designation in the general northern portion of the Project Site and within the Commercial Residential (CR) zoning designation in the general southern portion of the Project Site. The City Council is considering the recommendation of approval of the adoption of an Amendment Application No. 2023-03 to establish the Related California Specific Plan (SP No. 5) and a Zone Change for the Project Site via a separate resolution on October 1, 2024. D. Subdivision requests are governed by Chapter 34 and Chapter 41 of the Santa Ana Municipal Code (“SAMC”) and the California Subdivision Map Act (“SMA”). City Council 26 – 292 10/1/2024 Resolution No. 2024-XXX Page 2 of 8 E. Pursuant to Section 34-127 of the SAMC, approval of a VTTM application is required for projects proposing to create four or more parcels by the Planning Commission. F. On August 12, 2024, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on VTTM No. 2023-01. G. On September 17, 2024, the City Council of the City of Santa Ana held a duly-noticed public hearing on VTTM No. 2023-01, after which the item was continued to the regularly-scheduled City Council meeting of October 1, 2024. H. The City Council of the City of Santa Ana determines that the following findings, in accordance with Section 66473.5 and 66474 of the SMA and Section 34-127 of the SAMC, which must be established in order to approve VTTM No. 2023-01, have been established: 1. The proposed project and its design and improvements are consistent with the General Plan land use designation and are otherwise consistent with all other Elements of the General Plan. The Project and its design and improvements are consistent with the General Plan land use designation of District Center – High (DC-5), which allows a maximum floor area ratio of 5.0 and up to 125 dwelling units per acre. In addition, the project supports several goals and policies of the General Plan. Specifically, the project is consistent with General Plan Land Use Element (LU) Goal 1, which encourages projects that improve quality of life and respects the existing community. Policy LU-1.2 supports innovative development policies to expand homeownership opportunities at all income levels. Policy LU-4.7 encourages the development of mixed-income developments with mixed housing types to create inclusive communities and economically diverse neighborhoods. Lastly Policy HE-2.5 of the Housing Element supports diverse types, prices, and sizes of housing. 2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The project is consistent with the development standards specified within the project’s proposed Specific Plan (SP No. 5), including land use, height, minimum development site area, building frontages, publicly accessible open space, private/common open space, building setbacks, and parking and access. Further, the access and egress for the Project has been thoroughly review by the Public Works Agency for compliance with all applicable development standards. City Council 26 – 293 10/1/2024 Resolution No. 2024-XXX Page 3 of 8 3. The project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the site that would preclude development. The proposed site consists of approximately 41 acres of land and is physically suitable for the proposed development. The lot size, density, width, and lot coverage are consistent with the existing surrounding properties in the neighborhood and with proposed Specific Plan (SP No. 5) development standards. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure to fish or wildlife of their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The project is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems. The subdivision will not have any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required by the SAMC and SMA. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use, of property within the proposed project. The design and improvements of the project will not conflict with easements necessary for public access or use of the property within the proposed project. In addition, the CC&Rs will ensure reciprocal access rights and maintenance agreements between properties. Section 2. The City prepared a Draft Supplemental Environmental Impact Report (“SEIR”) that analyzed the Project’s environmental impacts in accord with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the “CEQA Guidelines”), and the City’s Local CEQA Guidelines. The Draft SEIR was made available for public review for 45 days between July 6, 2023 and City Council 26 – 294 10/1/2024 Resolution No. 2024-XXX Page 4 of 8 August 21, 2023. The document was made available online at the City of Santa Ana website and available for review at City Hall and the City of Santa Ana Public Library in hard copy form. In response to comments received on the Draft SEIR, t he City prepared a Final SEIR and released it to the public on August 1, 2024. The Final SEIR in the City Council Resolution for FEIR No. 2020029087 is incorporated herein by reference. The City Council Resolution for FEIR No. 2020029087 recommends certification of the Final SEIR, adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in the City Council Resolution for FEIR No. 2020029087 as if fully set forth herein. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves VTTM No. 2023-01, as conditioned in Exhibit A, attached hereto and incorporated herein for the Project at the Project Site, and as illustrated and attached hereto and incorporated herein as Exhibit B. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for City Council Staff Report dated September 17, 2024 and October 1, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until the City Council Resolution for FEIR No. 2020029087, the City Council Ordinance for Development Agreement No. 2023-02, the City Council Ordinance for Amendment Application No. 2023-03, and the City Council Resolution to overrule of Orange County John Wayne Airport Land Use Commission’s determination of inconsistency for the project are adopted and become effective. If said resolutions and ordinances are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this Resolution shall be null and void and have no further force and effect. Section 5. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The Planning Manager is the custodian of records for the record of proceedings. Section 6. Pursuant to Government Code Section 66020, the Applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. Section 7. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless fro m any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitratio ns, mediations, and such City Council 26 – 295 10/1/2024 Resolution No. 2024-XXX Page 5 of 8 other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the P roject, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providin g the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperat e with Applicant in the defense of the Action. Section 8. If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 Resolution. The Planning Commission of the City of Santa Ana hereby declares that it would have adopted this Resolution 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 1st day of October, 2024. _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: City Council 26 – 296 10/1/2024 Resolution No. 2024-XXX Page 6 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on October 1, 2024. Date: ________________ ____________________________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 26 – 297 10/1/2024 Resolution No. 2024-XXX Page 7 of 8 Exhibit A Conditions for Approval for Vesting Tentative Tract Map No. 2023-01 City Council 26 – 298 10/1/2024 City Council 26 – 299 10/1/2024 City Council 26 – 300 10/1/2024 City Council 26 – 301 10/1/2024 City Council 26 – 302 10/1/2024 City Council 26 – 303 10/1/2024 City Council 26 – 304 10/1/2024 City Council 26 – 305 10/1/2024 City Council 26 – 306 10/1/2024 City Council 26 – 307 10/1/2024 City Council 26 – 308 10/1/2024 Resolution No. 2024-XXX Page 8 of 8 Exhibit B Vesting Tentative Tract Map No. 2023-01 City Council 26 – 309 10/1/2024 City Council 26 – 310 10/1/2024 City Council 26 – 311 10/1/2024 City Council 26 – 312 10/1/2024 City Council 26 – 313 10/1/2024 City Council 26 – 314 10/1/2024 City Council 26 – 315 10/1/2024 City Council 26 – 316 10/1/2024 City Council 26 – 317 10/1/2024 City Council 26 – 318 10/1/2024 City Council 26 – 319 10/1/2024 Exhibit 6 The Final Supplemental Environmental Impact Report (SEIR), Environmental Findings, Statement of Overriding Considerations, and the Mitigation, Monitoring, and Reporting Program for the Related Bristol Specific Plan are available: Online on the City’s project webpage at: https://www.santa-ana.org/related- california-bristol-specific-plan/ Physically at: City Hall, Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Newhope* Library 122 N. Newhope Street Santa Ana, CA 92703 Copies of the Specific Plan are also available for viewing online and in print at the same locations. *Please note that the Draft SEIR was originally posted at the Santa Ana Main Library, but due to a temporary closure of the facility stemming from renovations, the Final SEIR and related materials are physically available at the Newhope Library City Council 26 – 320 10/1/2024 Exhibit 7 – Link to Specific Plan Document and Parking Study The Final Draft Related Bristol Specific Plan document is available: Online on the City’s project webpage at: https://www.santa-ana.org/related- california-bristol-specific-plan/ Physically at: City Hall, Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Newhope* Library 122 N. Newhope Street Santa Ana, CA 92703 Copies of the Related Bristol Final Supplemental Environmental Impact Report (SEIR) are also available for viewing online and in print at the same locations. *Please note that the Final Draft Related Bristol Specific Plan and the Draft SEIR were originally posted at the Santa Ana Main Library, but due to a temporary closure of the facility stemming from renovations, the Final SEIR and related materials are physically available at the Newhope Library City Council 26 – 321 10/1/2024 RECORDED AT REQUEST OF: ) ) AND WHEN RECORDED RETURN TO: ) City of Santa Ana ) 20 Civic Center Plaza (M-30) ) Santa Ana, CA 92702 ) Attention: Clerk of the Council ) ) ______________________________________________________________________________ Exempt from filing fees pursuant to Government Code §27383 DEVELOPMENT AGREEMENT NO. 2023-02 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SANTA ANA and RCR BRISTOL, LLC A DELAWARE LIMITED LIABILITY COMPANY City Council 26 – 322 10/1/2024 -1- DEVELOPMENT AGREEMENT NO. 2023-02 This Development Agreement (“Agreement”) is entered into as of this ___ day of ___________, 2024 by and between the City of Santa Ana, California (“City”) on the one hand, and RCR BRISTOL, LLC, a Delaware limited liability company (“Owner” or “RCR”), on the other hand. City and Owner may be referred to in this Agreement individually as a “party” or collective as the “parties.” RECITALS A. City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code. RCR has an option to enter into a long-term ground lease to the Property, which ground lease constitutes an equitable interest in the Property. B. This Agreement constitutes a current exercise of City’s police powers to provide predictability to RCR in the development approval process by vesting the permitted uses, density, intensity of use, timing and phasing of development, and applicable ordinances consistent with the Development Plan in exchange for RCR’s commitment to provide significant public benefits to City as set forth in Section 4 below. C. RCR has requested that City enter into this Agreement and proceedings have been taken in accordance with applicable State law and the rules and regulations of the City in furtherance thereof. D. The best interests of the citizens of the City of Santa Ana and the public health, safety and welfare will be served by entering into this Agreement. E. The City Council hereby finds and determines that this Agreement is of major significance because it will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit. F. The provision by RCR of the public benefits as set forth in Section 4 below allows the City to realize significant economic, recreational, open space, educational, social, and other public benefits to City. These public benefits will advance the interests and meet the needs of Santa Ana residents and visitors to a significantly greater extent than would development of the Property without this Agreement. G. The physical effects, if any, of the Project and this Agreement have been analyzed pursuant to the California Environmental Quality Act as amended to date and as documented in the Final Environmental Impact Report entitled “Related Bristol Specific Plan Final Supplemental Environmental Impact Report” (State Clearinghouse House No. 2020029087 and City of Santa Ana DP No. 2022-31 (“Project FEIR”). H. This Agreement and the Project are consistent with the Santa Ana General Plan. I. All actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters. City Council 26 – 323 10/1/2024 -2- J. Development of the Property in accordance with this Agreement will provide substantial benefits to City, as set forth in Section 4 below, and as stated Sections 1.4 and 2.1 of the Specific Plan. will further important policies and goals of City. K. This Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Section 65864, et seq. of the Government Code are intended. L. On August 29, 2023, the City Council held a public hearing and authorized the City’s Planning Division to draft findings and issue a determination overruling the County of Orange Airport Land Use Commission’s Determination of Inconsistency associated with the Project and to provide notice of same in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics. M. On August 12, 2024 City’s Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement. N. On September 17, 2024, the City Council held a public hearing introducing this Agreement and considered the Planning Commission’s recommendations and the testimony and information submitted by City staff, RCR, and members of the public. On ________, consistent with applicable provisions of State law and the rules and regulations of the City, the City Council adopted Ordinance No. ___ finding this Agreement consistent with the City’s General Plan and approving and adopting this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, City and Owner hereby agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1. Definitions. The following terms when used in this Agreement (including in the recitals above) shall be defined as follows: 1.1.1. “Assigned Rights” has the meaning set forth in Section 2.5.1 hereof. 1.1.2. “Assignment and Assumption Agreement” has the meaning set forth in Section 2.5.1 hereof. 1.1.3. “Assumed Obligations” has the meaning set forth in Section 2.5.1 hereof. 1.1.4. “Agreement” means this Development Agreement. 1.1.5. “City” means the City of Santa Ana, a charter city and California municipal corporation. City Council 26 – 324 10/1/2024 -3- 1.1.6. “City Attorney” means the City of Santa Ana City Attorney. 1.1.7. “City Council” means the duly elected city council of the City of Santa Ana. 1.1.8. “Development” means the improvement of the Property for the purposes of completing the structures, improvements, and facilities comprising the Project including, but not limited to: grading; construction of infrastructure and other public facilities; construction of buildings and structures; installation of landscaping consistent with this Agreement. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.9. “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals. 1.1.10. “Development Plan” means the plan for development of the Property pursuant to the Project Approvals as set forth in Exhibit “C.” 1.1.11. “Development Project Review Approvals” refers to the administrative review of all projects meeting the requirements of Division 3 of Article V of Chapter 41 (Zoning) of the Santa Ana Municipal Code as may be required by the Project Approvals. 1.1.12. “Discretionary Action” or “Discretionary Approval” means an action that requires the exercise of judgment, deliberation, or discretion on the part of the City, including any board, agency, commission, or department and any officer or employee thereof, in the process of approving or disapproving Development of the Project, as distinguished from an activity that is defined herein as a Ministerial Permit or Ministerial Approval (i.e., Development Project Review Approvals). 1.1.13. “Effective Date” means the date the ordinance approving and authorizing this Agreement becomes effective. 1.1.14. “Executive Director” has the meaning set forth in Section 2.5.1 hereof. 1.1.15. “Existing Land Use Regulations” means the Land Use Regulations that are in effect on the Effective Date, pursuant to California Government Code Section 65866. 1.1.16. “Existing Project Approvals” means all Project Approvals approved or issued on or before the Effective Date. 1.1.17. “Fee Owners” shall collectively mean Greenville Ranch, LLC, BSG West Bristol, LLC, and MCG Bristol West, LLC, and their respective successors and assigns. 1.1.18. “Future Project Approvals” means Project Approvals for the Project that are adopted, approved, or issued after the Effective Date. City Council 26 – 325 10/1/2024 -4- 1.1.19. “Ground Lease” means the long term ground lease to be entered into by and between the Fee Owners, as ground lessors, and Owner, as ground lessee. 1.1.20. “Land Use Regulations” means all ordinances, laws, resolutions, codes, rules, regulations, policies, requirements, guidelines, or other actions of City, including but not limited to the provisions set forth in the City’s General Plan, Municipal Code, that affect, govern, or apply to the Development of the Project and use of the Property in a manner consistent with this Agreement, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property, subject to the terms of this Agreement, whether adopted by the City Council or the voters in an initiative. “Land Use Regulations” does not include any City ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes (special or general) and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use or the entry upon public property; (e) the exercise of the power of eminent domain. 1.1.21. “Leasehold Estate” means the leasehold estate to be created under the Ground Lease. 1.1.22. “Owner” means RCR or, as to each Project Phase that is the subject of a Sub Ground Lease, the Sub Ground Lessee under such Sub Ground Lease, and their successors in interest to all or any part of the applicable leasehold estate. 1.1.23. “Ministerial Approval,” or “Ministerial Act” means the nondiscretionary permits, plans, inspections, certificates, documents and licenses required to be taken, issued, or approved by the City in order for Owner to develop the Project, including, without limitation, building permits, grading permits, Development Project Review Approvals, and other similar permits and approvals. Any approval or act that is not a Discretionary Approval is a Ministerial Approval. 1.1.24. “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns. 1.1.25. “Project” means the development of the Property, as more specifically described in Exhibit “A” and shown on Exhibit “B,” pursuant to the Project Approvals and the Development Plan, as such Development Plan may be further defined, enhanced, or modified pursuant to the provisions of this Agreement. 1.1.26. “Project Open Space” means the approximately 13.1 acres of publicly accessible open-space areas, as defined in the Specific Plan, to be ground leased and maintained by Owner. City Council 26 – 326 10/1/2024 -5- 1.1.27. “Project Phase” shall mean a portion of the development of the Property as contemplated by the Project Approvals. To avoid confusion, a “Project Phase” may include one or more Development phases and shall not be limited to any single Specific Plan Phase and may consist of a portion of a Specific Plan Phase. 1.1.28. “Project Approvals” means all site-specific (meaning specifically applicable to the Project only and not generally applicable to some or all other properties within the City) plans, maps, permits, entitlements, approvals (including Development Project Review Approvals), and entitlements of every kind and nature that are sought or agreed to in writing by Owner in its sole and absolute discretion for Development of the Project and that are approved by the City. Project Approvals include, but are not limited to, general plan amendments, specific plan approvals or amendments, site plans, development project review approvals, tentative and final subdivision maps, design guidelines, variances, zoning designations, conditional use permits, grading, building, and other similar permits, the site-specific provisions of general plans, environmental assessments, including environmental impact reports and negative declarations. A list of the Project Approvals is set forth in Exhibit “C.” 1.1.29. “Property” means the real property described in Exhibit “A” and shown in Exhibit “B” to this Agreement. The Property is approximately 41.13 gross acres in size and is occupied by the Metro Town Square commercial development as of the Effective Date. It is composed of nine Assessor Parcel Numbers (APNs): 412-131-12, 412-131-13, 412-131-14, 412- 131-16, 412-131-17, 412-131-22, 412-131-24, 412-131-25 and 412-131-26. 1.1.30. “Public Benefit” refers to those benefits provided to the City and the community by Owner pursuant to Section 4 below. 1.1.31. “Reservation of Rights” means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City under Section 3.3 of this Agreement. 1.1.32. “Specific Plan Phase” means any one of the three phases as shown on Figure 6-2 (Conceptual Phasing Plan) of the Related Bristol Specific Plan. 1.1.33. “Sub Ground Lease” shall mean a sub ground lease entered into by Owner with a third party pursuant to the terms of which Owner sub ground leases to such third party the portion of the Property referenced therein. 1.1.34. “Sub Ground Lessee” shall mean the lessee under any Sub Ground Lease. 1.1.35. “Sub Leasehold Estate” means the leasehold estate created under any Sub Ground Lease. 1.1.36. “Term” has the meaning ascribed thereto in Section 2.4.1 below. 1.2. Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit “A” – Legal Description of the Property Exhibit “B” – Map showing Property and its location City Council 26 – 327 10/1/2024 -6- Exhibit “C” – Development Plan and list of Project Approvals 2. GENERAL PROVISIONS. 2.1. Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of the Development Plan, the Project Approvals, and this Agreement. This Agreement shall be recorded against the Property, subject to the terms and conditions of the Joinder attached hereto, which shall be executed by the Fee Owners and shall also bind the fee title to the Property subject to the terms and conditions of the Joinder attached hereto. 2.2. Ownership of Property. Owner represents and covenants that it has an option to enter into the Ground Lease, which Ground Lease constitutes an equitable interest in the Property. The Property’s fee simple owners are the Fee Owners as defined in Section 1.1.18. Owner does not have a fee simple interest in the Property. 2.3. City Council Findings. The City Council finds that: 2.3.1. This Agreement is consistent with the City’s General Plan. 2.3.2. This Agreement ensures a desirable and functional community environment, provides effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and enhances effective utilization of resources within the City. 2.3.3. This Agreement provides public benefits beyond those that are necessary to mitigate the development of the Project, as set forth in Section 4 below. 2.3.4. This Agreement strengthens the public planning process, encourages private participation in comprehensive planning, and reduces costs of development and government. 2.3.5. The best interests of the citizens of the City and the public health, safety, and welfare will be served by entering into this Agreement. 2.4. Term. 2.4.1. The initial term of this Agreement shall commence on the Effective Date and shall continue for a period of twenty (20) years thereafter (the “Initial Term”), unless modified or extended pursuant to the provisions of this Agreement. Together, the Initial Term and any extension under this Agreement shall constitute the “Term.” The Term, including all possible extensions, shall not exceed twenty-five-years unless this Agreement is amended to allow further extensions. Owner shall execute this Agreement which shall be recorded against the Property no later than ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. If Owner fails to enter into the Ground Lease within one (1) year of the Effective Date then this Agreement shall be null and void and of no further force or effect and the parties shall record a “Termination Release” as set forth in Section 10.1 below. (a) Owner has represented to City that Fee Owners are aware and understand of all of the terms of this Agreement and have consented to recordation of this Agreement against the Property subject to the terms and conditions of the Joinder attached hereto. Fee Owner shall City Council 26 – 328 10/1/2024 -7- execute the Joinder attached to this Agreement and the properly executed Joinder shall be provided to City no later than ten (10) days after approval of this Agreement by the City Council. (b) It is anticipated that Parties will sign the Development Agreement upon approval of the Agreement by the City Council. Owner and Fee Owner shall cause this Agreement to be timely recorded against the Property no later than ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. (c) Failure of Owner to record this Agreement against the Property within ten (10) days following the receipt of the fully-executed, recordable Agreement from the City shall constitute an event of default by Owner under this Agreement. 2.4.2. The Initial Term of this Agreement shall be automatically extended by up to five (5) years if Owner achieves the following milestones: grading permits have been issued and construction has commenced on: (i) no less than 250,000 square feet of non-residential floor area (e.g., grocer, retail, restaurants); and (ii) a hotel, subject to financial feasibility. Owner shall remain eligible for the five (5) year extension if Owner determines that a hotel is financially infeasible and City, employing a commercial reasonableness standard, affirms same. Owner shall within 30 days reimburse City for the reasonable cost of the City’s review of the hotel financial feasibility study. 2.4.3. If Owner fails to satisfy the prerequisites to securing the automatic extension, the City Council may nonetheless elect, in its sole discretion, to grant one or more extensions if Owner provides the City with a plan that includes a Development timeline and specific Development milestones. 2.4.4. When the Term ends, Owner shall have no vested right under this Agreement, regardless of whether or not Owner has paid City any Development Impact Fee. 2.4.5. If any party other than Owner initiates litigation that challenges the Project, this Agreement (and/or the ordinance approving this Agreement), or any of the Existing Project Approvals, the Owner will have the right to toll commencement of the Term, except for the duty to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under this Agreement during the period of such litigation. The tolling shall commence upon receipt by the City of written notice from Owner invoking this right to tolling. The tolling shall terminate when the action, including any appeal, is finally resolved, whether by entry of a final, non-appealable judgment that upholds the Project and the Existing Project Approvals or voluntary or involuntary dismissal of the entire action (and the passage of time required to appeal an involuntary dismissal) by the moving party. Owner shall similarly have the right to toll commencement of the Term, except for the duty to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under the Agreement in the event a referendum petition challenging the Project, the ordinance approving this Agreement, or any of the Project Approvals is submitted to the City Clerk. The tolling shall terminate if and when: (1) the City Clerk determines the referendum petition did not receive sufficient signatures to qualify for the ballot; or (2) the election results of the referendum uphold the Project and the Existing Project Approvals and are certified by the City Council. This Agreement shall be null and of no further force and effect in the event that the City Council rescinds the challenged action. City Council 26 – 329 10/1/2024 -8- 2.5. Assignment. 2.5.1. Right to Sell, Transfer, Assign and Sub Ground Lease. Owner shall have the right, from time to time, to transfer all or portions of its interest in the Leasehold Estate and any Sub Leasehold Estate (including through the entering into of one or more Sub Ground Leases) (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm, limited liability company, or corporation and, in connection therewith, to assign its rights under this Agreement, in whole or in part, to said person, partnership, joint venture, firm, limited liability company (collectively, the “Assigned Rights”); provided, however, that any such assignment of any rights and obligations under this Agreement shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement that pertain to the Project Phase that is the subject of such transfer, and be made in compliance with the following conditions precedent: (a) No transfer or assignment of any right or interest under this Agreement (in whole or in part) shall be made unless made together with the transfer of all or a part of the Leasehold Estate or Sub Leasehold Estate, as applicable, to which such rights or interests apply. (b) In connection with any such assignment of an Owner’s rights and obligations under this Agreement (in whole or in part), Owner shall notify City in writing at least sixty (60 days) in advance of any sale assignment and shall provide City with a draft assignment and assumption agreement (“Assignment and Assumption Agreement”), in a form reasonably satisfactory to City, to be entered into by Owner, such assignee, and the City, pursuant to the terms of which such assignee shall expressly and unconditionally assume those duties, obligations, agreements, covenants, and waivers of Owner under this Agreement that are applicable to the Project Phase that is the subject of the portion of the Leasehold Estate, or Sub Leasehold Estate, as applicable, being transferred, including, without limitation, the covenants not to sue and waivers contained in Sections 7.3.1 and 9.5.1 hereof (collectively, the “Assumed Obligations”). Notwithstanding the failure of any assignee to execute the Assignment and Assumption Agreement, as required by Section 2.5.1(b) above, the burdens of this Agreement (as they relate to the Project Phase that is the subject of the Leasehold Estate or Sub Leasehold Estate being transferred) shall be binding upon such transferee, but the benefits of this Agreement shall not inure to such transferee unless the Assignment and Assumption Agreement is executed. (c) The Executive Director for the Planning and Building Agency (the “Executive Director”) shall have the administrative authority to approve of the Assignment and Assumption Agreement and to determine whether Owner has complied with the above conditions, which approval and determination shall not be unreasonably withheld or conditioned. The Executive Director shall use best efforts to approve of the Assignment and Assumption Agreement and to determine whether the Owner has complied with the above conditions within five (5) business days following receipt of Owner’s written request. The Executive Director’s failure to approve or disapprove the foregoing within thirty (30) days following the Executive Directors receipt of Owner’s written request shall constitute City’s approval of the same. (d) Owner shall include the following sentence in each assignment, transfer or other conveyance document: “The Parties agree and acknowledge that no building permits will be issued by the City for a particular Project Phase unless and until the Community Benefit City Council 26 – 330 10/1/2024 -9- Payment has been made for the applicable Specific Plan Phase which the particular Project Phase is in.” 2.5.2. No Release of Transferring Owner. Notwithstanding any sale, transfer or assignment as provided in any Assignment and Assumption Agreement delivered in accordance with the provisions of Section 2.5.1 above, a transferring Owner shall continue to be obligated to comply with all of the terms and conditions set forth in this Agreement (and such transferring Owner shall not be released from any of such obligations) with respect to the transferred Leasehold Estate or Sub Leasehold Estate, or any transferred portion thereof, as applicable, and following any such transfer the transferring Owner and the transferee under the Assignment and Assumption Agreement shall be jointly and severally liable with respect to all of the obligations assumed by such transferee under such Assignment and Assumption Agreement. 2.6. Administrative Changes and Modifications. 2.6.1. Owner and City acknowledge that further planning and development of the Project may demonstrate that refinements and changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, the Project Approvals, the Existing Land Use Regulations, and, once issued, any Future Project Approvals. 2.6.2. If and when the parties find that “Substantially Conforming Changes,” as herein defined, are necessary, desirable or appropriate, they may, unless otherwise required by law, effectuate such changes or adjustments through an administrative operating memorandum that is executed by Owner and the Executive Director of the City’s Planning and Building Agency or the Director’s designee. As used herein, a “Substantially Conforming Change” is a minor change, modification, or adjustment that is deemed to be in substantial conformance with the Development Plan at the City’s sole and absolute discretion. The following are excluded from the definition of “Substantially Conforming Changes”: (1) changes to the timing or amount of the Project’s Twenty-Two Million dollar ($22,000,000) Community Benefit Payment; (2) changes to the In-Lieu Fee; (3) changes to the Project Open Space; and (4) changes to the Timing of Development as set forth in Sections 3.5.1 and 3.5.2. A Substantially Conforming Change is not considered an amendment to this Agreement or to Development Plan and so does not require prior notice or hearing by the Planning Commission or City Council. 2.7. Amendment or Cancellation of Agreement. Except for Substantially Conforming Changes as defined by Section 2.6.2 above, this Agreement may be amended or modified from time to time only with the written consent of Owner and the City or their successors and assigns, and only upon approval of an amendment by the City Council after a public hearing in accordance with Government Code Section 65868. This provision shall not limit any remedy of City or Owner as provided by this Agreement. For avoidance of doubt, no modification of the Development Agreement pursuant to this Section 2.7 shall limit or impair the rights of Fee Owners under the attached Joinder without the consent of Fee Owners. 2.8. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: 2.8.1. Expiration of the stated Term of this Agreement as set forth in Section 2.4, including any extension(s). City Council 26 – 331 10/1/2024 -10- 2.8.2. Entry of a final judgment by a court of competent jurisdiction setting aside, voiding, or annulling the adoption of the ordinance approving this Agreement and/or any Project Approvals as set forth in Exhibit C. 2.8.3. The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement and/or any Project Approvals. In the event a referendum petition challenging the ordinance approving this Agreement and/or any Project Approvals is submitted to the City Clerk, Owner shall deposit with the City Ten Thousand Dollars ($10,000) (“Petition Deposit”) to cover the actual cost incurred by the City examining the petition and verifying signatures. Should the referendum qualify for the ballot, Owner may request, at or prior to the Council meeting at which the Council will take up the referendum issue, that the City Council repeal the ordinance and/or any Project Approvals rather than submitting it to the voters. If Owner does not request that the City Council repeal the ordinance and/or any Project Approvals and the City Council submits the referendum to the voters, Owner shall deposit Fifty Thousand Dollars ($50,000) (“Referendum Deposit”) with the City. City may use the Referendum Deposit to pay any and all costs associated with the said referendum measure (e.g., legal fees for outside counsel). Any funds remaining in the Petition Deposit may be put toward the Referendum Deposit at the Owner’s request. If at any time the Referendum Deposit account has Five Thousand Dollars ($5,000) or less remaining, Owner shall, within three (3) business days of receiving notice from the City, deposit with the City Twenty-Five Thousand Dollars ($25,000) as requested by the City to cover necessary costs and expenses associated with the referendum and holding the related election. Following certification of the election results, any funds remaining in the Petition Deposit or the Referendum Deposit account shall be returned to the Owner within thirty (30) days of certification of the election results. In the event Owner requests that the City Council repeal the ordinance and the City Council nonetheless determines to submit the ordinance to the voters, Owner shall have no financial responsibility for the costs associated with holding the election, including any obligation to make a Referendum Deposit. 2.8.4. Completion of the Project in accordance with the terms of this Agreement, which is hereby defined to be: (i) issuance by the City of all required occupancy permits and final approvals for occupancy for the Project’s 3,750 multi-family residential units, 350,000 square feet of commercial uses, 250 room hotel, and 200 senior living/continuum of care units; (ii) acceptance by City or applicable public agency of all required dedications in connection with same; and (iii) written notification by City to Owner that the Project is complete. 2.8.5. Termination of the Agreement as provided under this Agreement, including but not limited to Section 7.4 herein, shall not constitute termination of any other Project Approvals. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. Upon such termination, any Development Impact Fees paid by Owner to City on which construction has not yet begun shall be refunded to Owner by City. 2.9. Notices. 2.9.1. As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. City Council 26 – 332 10/1/2024 -11- 2.9.2. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows: If to City: City Clerk 20 Civic Center Plaza, 8th Floor PO Box 1988 M-30 Santa Ana, Ca 82702 Copies to: City Manager City Attorney Executive Director of Planning and Building Agency If to Owner: Related California Residential, LLC 18201 Von Karman Avenue, Ste 900 Irvine, CA 92612 Attn: Steven S. Oh E-mail: Steven.Oh@Related.com Copies to: Sean Matsler, Esq. Cox, Castle & Nicholson LLP 3121 Michelson Drive, Ste 200 Irvine, CA 92612 E-mail: smatsler@coxcastle.com If to Fee Owners: Greenville Ranch, LLC 8856 Sutter Circle, Unit 526b Huntington Beach, CA 92646 Attn: Alice Z. Callens And BSG West Bristol, LLC c/o Eide Bailly LLP 1505 Madrona St. N., Ste 800 Twin Falls, ID 83301 Attn: Jeff Spackman City Council 26 – 333 10/1/2024 -12- And MCG Bristol West, LLC 6618 Avenida Bizarro La Jolla, CA 92037 Attn: David Cortney 2.9.3. Either party may, by written notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 2.9.4. Consistent with the Joinder attached hereto, Fee Owners shall receive notice of any default and have the right, but not obligation, to cure any default as permitted in Sections 9.1.2 and 9.1.3 below. Fee Owners and their lenders shall also be entitled to receive a Certificate of Compliance upon request as provided in Section 10.20. 3. DEVELOPMENT OF THE PROPERTY. 3.1. Rights to Develop. Subject to the terms of this Agreement, including the Reservation of Rights in Section 3.3 below, Owner shall have a vested right to develop the Property in accordance with, and to the extent of, this Agreement, and the Project Approvals, and the Development Plan for the duration of the Term. Owner may proceed with demolition permits prior to pulling building permits provided Owner has provided proof of financing for that portion of the Project that demolition permits are being sought for. From the commencement of demolition until issuance of the Certificate of Occupancy, Owner shall ensure that the Property is secured and that all construction walls are maintained in a good condition and repair with no graffiti. 3.1.1. Except as expressly provided otherwise herein, the Project shall remain subject to all Existing Land Use Regulations and Project Approvals for the Term. Except as otherwise provided in this Agreement, and notwithstanding the authority of the City to further revise the Land Use Regulations pursuant to Government Code Section 65866, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Existing Land Use Regulations and Project Approvals. 3.1.2. In accordance with Government Code Section 66452.6(a), any subdivision map approved which relates to all or a portion of the Property shall be extended for the greater of (i) the Term of this Agreement or (ii) expiration of the tentative map pursuant to Section 66452.6. 3.1.3. Owner shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project. 3.1.4. Notwithstanding Section 3.1.1 above, Owner acknowledges and agrees that the Project requires additional Project Approvals (the Future Project Approvals identified in Section 1.1.19). These Future Project Approvals shall be consistent with the Existing Project Approvals and this Agreement as to the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication City Council 26 – 334 10/1/2024 -13- of land for public purposes; however the Future Project Approvals may include additional conditions that are lawful and appropriate to the type of Project Approval. 3.2. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservation of Rights in Section 3.3 below, the rules, regulations and official policies governing, inter alia, permitted uses and Development of the Property, the density and intensity of use and of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property, shall be the Existing Land Use Regulations and Project Approvals. In connection with any subsequent Project Approvals and except as specifically provided otherwise herein, City may exercise its discretion as set forth in Section 3.3.2. 3.2.1. City shall reasonably strive to complete: (a) its initial review of individual development projects within 30 days after the application is deemed complete, (b) any second plan review within 15 days after submission, and (c) any third plan review within 10 days after submission. 3.2.2. Notwithstanding the foregoing, the City does not guarantee that the timelines above will be met, and failure to meet these timelines does not constitute a default. 3.2.3. To help ensure expedited review of its development approvals, Owner may elect to pay for City to use a contract planner. City agrees to retain a contract planner to expedite review, if Owner so elects. 3.3. Reservation of Rights. 3.3.1. Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following are not Existing Land Use Regulations, but shall apply to the development of the Property as they are in effect at the time of application for Development Project Review Approvals, provided such regulations and/or fees (as applicable) are not designed in a manner such that they are applicable only, to the Project and/or Property: (a) Processing fees and charges of every kind and nature imposed by City to cover the actual costs to City of processing applications for Project Approvals or for monitoring compliance with any Project Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, provided that such procedural regulations do not conflict with the Project Approvals. (c) Regulations, policies, and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the City, including, without limitation, the City’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. City Council 26 – 335 10/1/2024 -14- (d) Regulations that are in material conflict with this Agreement but that are reasonably necessary to protect the residents of the Project or the immediate community from a condition perilous to their health or safety. To the maximum extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement. (e) Regulations that are not in material conflict with this Agreement or the Development Plan. For avoidance of doubt, any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f) Regulations that are in material conflict with the Development Plan; provided Owner has given written consent to the application of such regulations to Development of the Property. (g) Regulations that impose, levy, alter or amend fees, or charges relating to consumers or end users, including, without limitation, trash can placement, service charges and limitations on vehicle parking. (h) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by City. 3.3.2. Subsequent Project Approvals. This Agreement shall not prevent City from exercising its rights under Government Code Section 65866 when acting on subsequent Project Approvals provided that such City actions do not materially conflict with this Agreement, the Development Plan, the Existing Land Use Regulations, and/or the Project Approvals. 3.3.3. Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.3.4. Intent. The parties acknowledge and agree that City is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority that cannot be or is not by this Agreement’s express terms so restricted. 3.4. Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 3.5. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that City Council 26 – 336 10/1/2024 -15- case to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the specific intent of the parties to provide for the timing of the Project in this Agreement. To do so, the parties acknowledge and provide that Owner shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment, except for the following: 3.5.1. No building permits for residential units shall be issued in excess of 1,875 residential units unless and until Owner commences construction activities for at least 175,000 square feet of commercial development. Owner may construct commercial square footage beyond 175,000 square feet if and when such additional commercial development is supported by market conditions, as determined by Owner in its sole discretion. Owner understands that commercial development is a priority to the City and agrees to exercise its discretion in good faith. 3.5.2. No less than 35,000 square feet of commercial development in Phase 1 or Phase 2 (as shown on Specific Plan Figure 6-2) shall consist of a grocer. 3.6. Moratoria. Except as specifically set forth in this section, City agrees that to the extent permitted by law, no moratorium or other similar limitation (whether relating to the rate, timing, or sequencing of the development of the Project or any part thereof and whether or not enacted by local initiative or otherwise) affecting subdivision maps, grading or building permits, occupancy certificates, or other entitlements approved, issued, or granted within the City, after the Effective Date of this Agreement, shall apply to the Project. Owner acknowledges and agrees that the provisions hereof shall not preclude the application to the Project of a moratorium or other similar limitation (of the type described in the preceding sentence) enacted in order to protect an imminent threat to the public health or safety. 3.7. Development Agreement/Project Approvals. In the event of any inconsistency between any Existing Land Use Regulation and a Project Approval, the provisions of the Project Approval shall control. In the event of any inconsistency between any Existing Land Use Regulation or Project Approval and this Agreement, the provisions of this Agreement shall control. 4. PUBLIC AND COMMUNITY SAFETY BENEFITS. 4.1. Public Benefits. The Project is expected to bring significant fiscal benefits to the City. The Project will also serve to implement the City’s General Plan vision for the Property, which has long been designated as a District Center where intense mixed-use development is encouraged. In addition, Owner has committed by this Agreement to contribute the public and community safety benefits, as provided below. 4.2. Community Benefits. 4.2.1. Santa Ana Police Department Substation: Prior to or concurrent with the construction completion of the Project’s Phase 1, as contemplated by the Development Approvals), Owner shall provide City, upon the City’s written request, with exclusive use of a 500 square foot space and 3 dedicated parking stalls within the Property for use by the Santa Ana Police Department as an administrative substation. This substation space and parking stalls will be owned by Owner but improved (tenant improvements), operated and maintained by the Santa Ana Police Department. The final location of the substation and its parking stalls are City Council 26 – 337 10/1/2024 -16- envisioned to be located in one of the buildings along Plaza Drive or MacArthur in Phase 3 of the Project, as contemplated by the Development Approvals, but may be temporarily located anywhere on the Property, including potentially within existing commercial center. The substation and its parking stalls may be relocated within the Property subject to the mutual agreement of the parties. For the Term of the Agreement, Owner shall maintain private onsite security to monitor all areas of the Property. 4.2.2. Project Community Benefit Package: The Project will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit. In addition, Owner has agreed to provide the City with a Twenty-Two Million dollar ($22,000,000) payment (“Community Benefit Payment”), which Community Benefit Payment shall be allocated at the City’s sole discretion. The Community Benefit Payment shall be paid to City by Owner pursuant to the following schedule: (1) Eight Million dollars ($8,000,000) prior to or concurrent with the issuance of the first demolition permit in furtherance of the Project’s first Specific Plan Phase (“Community Benefit Payment No. 1”); (2) Six Million dollars ($6,000,000) prior to the issuance of the first building permit in furtherance of the Project’s second Specific Plan Phase (“Community Benefit Payment No. 2”); and (3) Eight Million dollars ($8,000,000) prior to the issuance of the first building permit in furtherance of any component of the Project’s third Specific Plan Phase except for building permits in furtherance of the Project Open Space (“Community Benefit Payment No. 3”). If the City has not received Community Benefit Payment No. 2 on or before the date that is 36 months and 1 day from the date of the Community Benefit Payment No. 1 payment, then Community Benefit Payment No. 2 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. Similarly, if the City has not received Community Benefit Payment No. 3 on or before the date that is 36 months and 1 day from the date of the Community Benefit Payment No. 2 payment, then Community Benefit Payment No. 3 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. Developer may commence construction of the Specific Plan Phases in any order. Notwithstanding the Specific Plan Phase order, Community Benefit Payment No. 1 shall be paid prior to or concurrent with the issuance of the first demolition permit in furtherance of any Specific Plan Phase; Community Benefit Payment No. 2 shall be paid prior to or concurrent with the issuance of the first building permit in furtherance of a different Specific Plan Phase; and Community Benefit Payment No. 3 shall be paid prior to or concurrent with the issuance of the first building permit in furtherance of the final Specific Plan Phase. 4.2.3. Business Retention and Local Vendors. Owner assumes the risk and shall be solely liable for any and all relocation benefits that are payable to any existing tenants in accordance with Government Code Sections 7260 et. seq. (See also Kong v. City of Hawaiian Gardens Redevelopment Agency (2002) 101 Cal.App.4th 1317). Owner shall defend and indemnity the City against any and all relocation claims. 4.2.4. Hotel Economic Benefits. The hotel(s) shall be operated under a recognized hotel flag or by a boutique hotel operator with a demonstrated track record of success operating similar hotels. Owner shall employ commercially reasonable efforts to secure a four-star hotel or above out of a five-star rating system as widely recognized and commonly used in the hospitality industry. 4.2.5. Project Open Space. In accordance with the Specific Plan, Owner shall construct, own, and maintain the Project Open Space. City Council 26 – 338 10/1/2024 -17- (a) Owner shall design the Project Open Space to promote biodiversity, extend thermal comfort, and to promote biophilic design, health, and wellness. (b) Owner shall provide a total minimum of 4 free on-site events per year for the general public (e.g., concerts or farmers markets) including programming on sustainability and wellness, subject to Force Majeure events, as follows: (a) a minimum of two (2) free events per year shall be provided commencing one year after the completion of the southern Mixed- Use/Village Core district as set forth in the Specific Plan; and (b) a minimum of two (2) free events per year shall be provided commencing one year after the completion of the northern Mixed-use/Residential district as set forth in the Specific Plan. Owner’s obligation under this Section shall terminate after 25 years after the commencement of the first free on-site event or upon termination of this Agreement whichever occurs later. (c) Owner shall record one or more open space easements against the Property for the benefit of the City concurrent with the recordation of the subdivision maps that implement a given Project Phase or Development phase, as contemplated by the Project Approvals. (d) City shall provide Owner a credit against its park and open space fee obligations (e.g., Park Acquisition and Development Fee) for the hard and soft cost of all land, improvements, operation, and maintenance associated with the Project Open Space. In the event the Project Open Space is less than 13.1 acres, Owner must satisfy any required park and recreation fees or other obligations (including those specified in Chapter 35, Article IV of the Santa Ana Municipal Code) for the amount of the acreage shortfall as calculated by the City. 4.2.6. Construction Standards. (a) Leadership in Energy and Environmental Design (LEED). The Project shall be constructed to a minimum LEED Silver standard, as established by the U.S. Green Building Council. (b) Water Conservation. The Project shall include high-efficiency irrigation, native drought-tolerant plantings, low-flow plumbing fixtures, and Energy Star equipment and appliances. (c) Electric Vehicle (“EV”) Parking. No less than 5% of all structured parking stalls in the Project shall be equipped with EV chargers. No less than 10% of all parking stalls located within the parking structures shall be EV ready with sufficient electrical infrastructure to enable the future installation of EV conduit and chargers. (d) Signage Program. Owner shall implement a signage program to promote mass transit, provide ride-share infrastructure & bike/e-mobility facilities. (e) Electrical Appliances: All individual residential units within the Project shall utilize electric or induction stoves, ovens, and clothing dryers. This obligation shall not apply to commercial, common area, hotel, or other non-residential uses. (f) Photovoltaic Panels: The Project shall incorporate photovoltaic panels on all residential components of the Project City Council 26 – 339 10/1/2024 -18- (g) Ecology & Wellness. Owner shall exercise commercially reasonable efforts to implement a single use plastic or non-biodegradable plastic use reduction program with retail tenants where feasible, with the exception of the grocer. (h) Carbon Sequestering. Owner shall exercise commercially reasonable efforts to incorporate carbon sequestering vegetation in the landscaping plans (i) Fitwell. Owner shall exercise commercially reasonable efforts to obtain Fitwell certification for the residential components of the Project. (j) Bike Lockers. With issuance of each building permit, Owner shall provide for and maintain and secure bike lockers or bike storage rooms on the Property. At least half of the lockers shall be made available for free to Project residents and employees. 4.2.7. Orange County Flood Control District Parcel: The Orange County Flood Control District owns an approximately 0.2 acre parcel (APN 412-131-27) adjacent to, and immediately northeast of, the Property (“OCFCD Parcel”). Owner shall make a reasonable and good faith effort to work cooperatively with City and the Orange County Flood Control District to improve and maintain the OCFCD Parcel. 5. HOUSING OPPORTUNITY ORDINANCE COMPLIANCE. 5.1. Owner Exemption. During the Term of this Agreement, as such Term may be extended, Consistent with Santa Ana Municipal Code Section 41-1903(a), Owner is exempt from Santa Ana Municipal Code Article XVIII.I inclusionary housing requirements (i.e., the Affordable Housing and Opportunity Ordinance) because Owner is entering into this Agreement. In lieu of compliance with Article XVIII.I, Owner commits to the In-Lieu Fee as set forth in Section 5.1.1, below, which may be paid at the time of building permit issuance for each market rate residential unit contemplated by a given building permit or in the aggregate, at Owner’s sole discretion. In- Lieu fees paid in excess of the requirements for a particular building permit may be accrued and used by Owner to satisfy future in lieu fee requirements. Upon expiration or termination of this Agreement, Owner shall be subject to Santa Ana Municipal Code Article XVIII.I for any unit that has not received a Certificate of Occupancy. 5.1.1. In -Lieu Fee. Upon timely payment of the Twenty-Two Million dollar ($22,000,000) Community Benefit Payment as provided in Section 4.2.2, Owner shall make an in-lieu fee payment at the time of building permit issuance for each market rate residential unit contemplated by the building permit equal to five dollars ($5.00) per habitable square foot of each market rate residential unit (excluding Senior Assisted Living Community units, identified in Section 4.1.3 of the Specific Plan as Congregate Housing, Assisted Living or Memory Care units). At Owner’s sole discretion, Owner may convert any Senior Assisted Living Community units to Independent Living units (as defined in Section 4.1.3 of the Specific Plan) and/or multifamily market rate units by paying the in-lieu housing fee in accordance with this Agreement. 6. REVIEW FOR COMPLIANCE. 6.1. Periodic Review. City Council 26 – 340 10/1/2024 -19- 6.1.1. The City shall review this Agreement annually, on or before July 1, 2025, and annually thereafter until the expiration of this Agreement, in order to ascertain the compliance by Owner with the terms of this Agreement (“Annual Review”). Owner shall timely submit an Annual Monitoring Report, in a form acceptable to the City Manager on or before the first anniversary of the Effective Date and annually thereafter until the expiration of this Agreement. If the Annual Review is not submitted within thirty (30) days after written notice from the City Manager, then Owner shall be in breach of this Agreement. The failure of the City to conduct the Annual Review shall not constitute a default by Owner. The Annual Monitoring Report shall be accompanied by an “Annual Review and Administration Fee” sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the Annual Review and Administration Fee” shall be set annually by resolution of the City Council. 6.1.2. The Annual Review shall include a progress report on the status of the implementation of the Project and the new tax revenue generated by the Project, including, but not limited to, the following: (a) Development and construction progress of the following uses and Project components: (i) Site development (ii) Public infrastructure, (iii) Project design features, (iv) Community benefits, (v) Plaza, (vi) Hotel, (vii) Residential, (viii) Commercial, (ix) Office (x) Parking (xi) Philanthropic activities (education, culture, arts) (b) Reporting for items listed in Section 6.1.2(a) shall be include a table substantially similar to the following: An example of a compliance report for site development and can be applied to other above criteria and metrics. Reporting Period: 2025 – 1st Report Year 1 of 20 of Agreement City Council 26 – 341 10/1/2024 -20- Use Approved SF/Units/Rooms Total Completed In Period Cumulative Total Completed Remaining to Be Completed Status & Look Ahead Residential 3,750 100 200 3,550 On target with 300 to be completed in the next period Hotel 250 250 250 0 Completed Commercial New 350,000 150,000 150,000 200,000 150k completed for Tenant X. 20-Year lease. Negotiating with Tenant Y for a 15 year lease. (c) Progress relative to economic projections of: (i) Increases in property tax, (ii) Property Tax In-Lieu of VLF received by the City, (iii) Sales tax received from the Project, (iv) Business tax received from the Project, (v) Hotel Visitors Tax (HVT) (vi) Utility User Tax received from the Project, (d) Reporting for items listed in Section 6.1.2(c) shall be include a table, prepared by Owner with City’s cooperation, substantially similar to the following: Reporting Period: 2024 – _____ Year 1 of 20 of Agreement Revenue Total for Period Cumulative to date Percentage increase over 2018 Base Year Status & Look Ahead Property Tax Property Tax In-Lieu of VLF Sales Tax TOT (HVT) Business Tax Franchise Tax UUT City Council 26 – 342 10/1/2024 -21- 6.2. Special Review. The City Council may order a special review of compliance with this Agreement at any time commencing one year following the issuance of the Project’s first building permit, but not more than once during any 12-month period. The City Manager, or his or her designee, shall conduct such special reviews. 6.3. Review Procedure. 6.3.1. During either an Annual Review or a special review, Owner shall be required to demonstrate good-faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on Owner. 6.3.2. Upon completion of an Annual Review or a special review, the City Manager, or the City Manager’s designee, shall submit a receive and file report to the Planning Commission if he or she finds that Owner is in good-faith compliance with the terms of this Agreement. If the City Manager, or the City Manager’s designee, finds on the basis of reasonable evidence that Owner is not in good-faith compliance with the terms of this Agreement, he or she shall set the matter for hearing before the Planning Commission and shall submit a report setting forth said evidence concerning compliance by Owner with the terms of this Agreement and his or her recommended finding on that issue. 6.3.3. If the Planning Commission finds on the basis of substantial evidence that Owner is in good-faith compliance with the terms of this Agreement, it shall confirm same and formally conclude the review by resolution. If the Planning Commission finds and determines on the basis of substantial evidence that Owner has not complied in good faith with the terms and conditions of this Agreement: (a) The Planning Commission shall provide written notice to Owner of such findings setting forth the nature of the problem and the actions, if any, required of Owner to cure such problem. (b) If the problem can be cured and Owner fails to take such actions and cure such problem within sixty (60) days after of the effective date of the Planning Commission’s notice or, in the event that such problem cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such problem within such sixty (60) day period and to diligently proceed to complete such actions and cure such problem, then the Planning Commission may recommend to the City Council modification or termination of this Agreement. (c) Owner may appeal a Planning Commission determination pursuant to this Section 6.3.3 pursuant to City’s rules for consideration of appeals in zoning matters then in effect. If a Planning Commission determination is appealed, any cure ordered by the Planning Commission shall be tolled until a decision is reached by the City Council on the appeal. Notice of default as provided under Section 7 of this Agreement shall be given to such Owner prior to or concurrent with proceedings under Section 6.4 and Section 6.5. 6.4. Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, City determines to proceed with modification or termination of this Agreement, City shall give City Council 26 – 343 10/1/2024 -22- written notice to Owner of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain: 6.4.1. The time and place of the hearing; 6.4.2. A statement as to whether or not City proposes to terminate or to modify this Agreement; and, 6.4.3. Such other information that the City considers necessary to inform Owner of the nature of the proceeding. 6.5. Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good-faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, the City Council may terminate this Agreement or, in lieu of termination and with the consent of Owner, modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final. 6.6. Certificate of Agreement Compliance. 6.6.1. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance (“Certificate”) to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and City Council that: (1) this Agreement remains in effect; and (2) Owner is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder. 6.6.2. Whether or not the Certificate is relied upon by assignees or other transferees or Owner, City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the City Manager or City Council. 6.7. Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City’s existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Development Agreement (although such conditions must comply with the Applicable Rules). 7. DEFAULT AND REMEDIES. 7.1. Remedies in General. It is acknowledged by the parties that City and Owner would not have entered into this Agreement if either party were to be liable in damages arising out of a breach or default under this Agreement and, therefore, each of the parties hereto hereby acknowledge and agree that the sole remedies that either party hereto may pursue and enforce against the other arising out of a default or breach under this Agreement by the other party (and City Council 26 – 344 10/1/2024 -23- the expiration of all applicable notice and cure periods) shall be an action for specific performance or a termination of this Agreement by such non-defaulting party’s obligations under this Agreement (subject to the terms and provisions of Section 6.3.3), and each party hereto expressly waives any other remedy they might otherwise be entitled to pursue, at law or in equity, against the other, and each party hereto expressly waives any right to sue the other for damages or claim any damages. 7.2. Release. 7.2.1. Except for specific performance, Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees, from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, because it entered into this Agreement or because of the terms of this Agreement. Owner hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY..” By initialing below, Owner hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________ Owner’s Initials 7.2.2. Except for specific performance, City, for itself, its successors and assignees, hereby releases Owner, its officers, agents and employees, from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, because it entered into this Agreement or because of the terms of this Agreement. City hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY..” By initialing below, City hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________ City’s Initials 7.3. Termination or Modification of Agreement for Default of an Owner. City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of City Council 26 – 345 10/1/2024 -24- Owner under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, City may terminate or modify this Agreement pursuant to this Section 7.4 only after providing written notice to Owner of default setting forth the nature of the default and the actions, if any, required by Owner to cure such default and, where the default can be cured Owner has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 7.3.1. No Cross Default. Parties agree and acknowledges that, notwithstanding anything stated to the contrary in this Agreement: (a) the failure of RCR to comply with or satisfy any of RCR’s obligations under this Agreement shall not limit or impair a transferee’s rights and benefits under this Agreement with respect to its Assigned Rights (as they apply to the Project Phase owned by such transferee) under Section 2.5.1 of this Agreement and (b) the failure of any transferee to satisfy such transferee’s Assumed Obligations as provided for under Section 2.5.1 of this Agreement shall not, as to the Project Phase to which those Assumed Obligations apply, limit or impair any of the Assigned Rights of any other transferee as to the Project Phase owned by such other transferee. 7.4. Voluntary Termination of Agreement by RCR. In the event RCR determines, in its sole discretion, prior to issuance of the first demolition permit implementing the first Specific Plan Phase, that it no longer wishes to proceed with the Project pursuant to the terms of this Agreement, RCR may terminate this Agreement by providing the City with 30 days written notice. Notwithstanding this or other provisions herein, RCR’s indemnity and defense obligations shall survive such termination for the later of twelve (12) months or expiration of the statute of limitations on any and all potential causes of action against the City as set forth in Section 8 of this Agreement. 7.5. Notice and Cure Rights. Notwithstanding anything stated to the contrary in this Agreement, City shall have no right to terminate any of the rights of any Owner under this Agreement unless such Owner has failed to cure any default under this Agreement giving rise to any such termination right within the cure periods expressly provided for above in this Section 7. 8. LITIGATION 8.1. Third-Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, any document prepared for the Project in compliance with the California Environmental Quality Act, or the approval of any permit or entitlement granted pursuant to this Agreement for the Project. City shall promptly notify Owner of any claim, action, proceeding or determination included within this Section 8.1 no later than fourteen (14) business days and City’s receipt of service of process and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, proceeding or determination as required by this Section, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City as to that claim, action, proceeding, or determination. City may in its discretion participate in the defense. 8.2. Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of City Council 26 – 346 10/1/2024 -25- Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys’ fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense. 8.3. Reservation of Rights. With respect to Section 8.1 and Section 8.2 herein, City reserves, the right to either (1) approve the attorney(s) that the indemnifying party selects, hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withheld, conditioned, or delayed; or (2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing and accounting therefor. 8.4. Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement, Owner, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes, without limitation, the covenant against any direct suit by Owner or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to City by Owner or its successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction. Owner hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. 8.5. Survival. The provisions of Sections 8.1 and 8.2 shall survive the termination of this Agreement. 9. MORTGAGEE PROTECTION. 9.1. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. In furtherance of the foregoing, and notwithstanding anything stated to the contrary in this Agreement, any Mortgagee of the Property shall be entitled to the following rights and privileges: 9.1.1. Default under Agreement Does Not Impair Lien of any Mortgage. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property, the Leasehold Estate, or any Sub Leasehold Estate made in good faith and for value, unless otherwise required by law. 9.1.2. Request for Notices of Default by Mortgagee. The Mortgagee of any mortgage or deed of trust encumbering the Property, the Leasehold Estate, or Sub Leasehold Estate, or any City Council 26 – 347 10/1/2024 -26- part thereof, which Mortgagee, has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the applicable Owner in the performance of such Owner’s obligations under this Agreement. 9.1.3. If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. 9.1.4. Lender Protection Provisions. (a) Notices to Mortgagees; Mortgagee’s Right to Cure. (i) Notices to Mortgagees. City shall send to each Mortgagee which has provided City written notice of its name and address, in the manner provided by Section 9.1 above, a true, correct and complete copy of any written notice sent to Owner or any Sub Ground Lessee, as applicable, of a default by Owner or any Sub Ground Lessee under this Agreement at the same time as and whenever any such notice of default shall be given by City to Owner or any Sub Ground Lessee, addressed to such Mortgagee at the address last furnished to City by such Mortgagee. Owner and each Sub Ground Lessee, as applicable, irrevocably directs that City accept, and City agrees to accept, performance and compliance by any such Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on Owner’s, or any Sub Ground Lessee’s, part to be kept, observed or performed hereunder with the same force and effect as though kept, observed or performed by Owner and/or any such Sub Ground Lessee, as applicable, provided that such performance and/or compliance is made in accordance with the provisions of Section 10.1.4 below. (ii) Mortgagee’s Right to Cure. Notwithstanding anything stated to the contrary in this Agreement, this Agreement shall not be terminated as to any Project Phase because of a default or breach hereunder on the part of Owner or any Sub Ground Lessee until and unless: (1) written notice of any such default or breach has been delivered to Mortgagee in accordance with the provisions of Section 10.3 above, (2) with respect to a default or breach that is curable solely by the payment of money, Mortgagee, Owner and any applicable Sub Ground Lessee have failed to cure such default or breach within thirty (30) days following the expiration of any of Owner’s and/or any Sub Ground Lessee’s, as applicable, notice and cure periods set forth herein, and (3) with respect to a default or breach that is not curable solely by the payment of money, Mortgagee, Owner and/or any applicable Sub Ground Lessee have failed to cure such default or breach within ninety (90) days following the expiration of any of Owner’s and/or any applicable Sub Ground Lessee’s notice and cure periods set forth herein or, if such default or breach is curable but cannot be cured within such time period, (i) Mortgagee has failed to notify City within such ninety (90) day time period that Mortgagee intends to cure such default or breach, (ii) Mortgagee fails to commence to cure such default or breach within such ninety (90) day period, or (iii) Mortgagee fails to diligently prosecute such cure to completion. It is expressly understood and agreed that no Mortgagee shall have any obligation City Council 26 – 348 10/1/2024 -27- hereunder to cure or complete any cure of any breach or default by Owner or any applicable Sub Ground Lessee hereunder. (b) Permitted Transfers to Mortgagee. (i) Notwithstanding anything stated to the contrary in this Agreement, the following transfers shall be permitted and shall not require the approval or consent of City: (1) A transfer of the Owner’s or any Sub Ground Lessee’s Leasehold Estate or Sub Leasehold Estate, as applicable (and the concurrent transfer of the Owner’s or any Sub Ground Lessee’s rights under this Agreement with respect to the Project Phase that is the subject of the Leasehold Estate or Sub Leasehold Estate provided the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase), at a foreclosure sale under a Mortgage, whether pursuant to the power of sale contained therein or a judicial foreclosure decree, or by an assignment in lieu of foreclosure, or (2) Any subsequent transfer by a Mortgagee (or its nominee or designee if the Mortgagee, or such nominee or designee, is the purchaser at such foreclosure sale or under such assignment in lieu of foreclosure) with respect to the Leasehold Estate or any Sub Leasehold Estate, and the concurrent transfer of the Owner’s or any Sub Ground Lessee’s rights under this Agreement with respect to the Project Phase that is the subject of the Leasehold Estate or Sub Leasehold Estate so transferred, provided that the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase. (ii) Any transferee arising from any transfer permitted above shall be liable to perform the obligations of Owner or any Sub Ground Lessee, as applicable, under this Agreement only so long as such transferee holds title to the Leasehold Estate or Sub Leasehold Estate, provided that upon any such conveyance of title, such transferee's transferee expressly assumes and agrees to perform all of the obligations of this Agreement first arising after the date of such conveyance to the extent applicable to the Project Phase to which such Leasehold Estate or applicable Sub Leasehold Estate applies. (iii) Following the transfer, if any, described in Section 10.1.3(b)(i) above, all non-curable defaults existing under this Agreement prior to such transfer shall be deemed waived without further notice or action of any party. (c) Rights of Mezzanine Lender. Any lender that makes a loan to Owner or to any Sub Ground Lessee, or to any entity holding an interest in Owner or any Sub Ground Lessee, direct or indirect, that is secured by a pledge of equity interests in Owner or any applicable Sub Ground Lessee, direct or indirect, shall be entitled to all of the rights and remedies under this Section 10.1.3 that are afforded to a Mortgagee under this Agreement, (i) provided that Owner or any applicable Sub Ground Lessee shall have provided to City written notice setting forth the name and address of any such lender, and (ii) except that such rights and remedies shall be subject and subordinate to the rights of any Mortgagee, and shall not impair any of the rights and remedies afforded any Mortgagee, hereunder. 9.1.5. Obligations of Mortgagee Under Agreement. Any Mortgagee who comes into possession of the Leasehold Estate, or a Sub Leasehold Estate, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Leasehold Estate or Sub Leasehold Estate as applicable, or part thereof, subject to the terms of City Council 26 – 349 10/1/2024 -28- this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of an Owner’s obligations or other affirmative covenants of an Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by an Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement. (a) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property as applicable, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of an Owner’s obligations or other affirmative covenants of an Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by an Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement. 9.1.6. Fee Owners’ Right to Encumber Property. Fee Owners shall have the right to encumber the fee title in the Property by any mortgage, deed of trust or other security device securing financing for the fee title in the Property to the extent permitted pursuant to the terms of (and subject to all the terms and conditions set forth in) the Ground Lease, and nothing in this Agreement shall impair such right. Any Mortgagee of the fee title in the Property shall have all the benefits of a Mortgagee provided in this Agreement, including the right to receive notice of default and the right, but not obligation, to cure any default as permitted hereunder. Notwithstanding anything to the contrary in this Section 9.1, a Mortgagee of the fee title shall have no obligations under this Agreement except that upon any conveyance of fee title to such Mortgagee, the Mortgagee shall assume the express obligations of the Fee Owners under this Agreement. 10. MISCELLANEOUS PROVISIONS. 10.1. Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Orange County Recorder by the Clerk of the City Council against the Property within ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. If the parties to this Agreement or their successors in interest amend or cancel this Agreement, or if the City terminates or modifies this Agreement as provided herein for failure of the Owner to comply in good faith with the terms and conditions of this Agreement, the City Clerk shall cause notice of such action recorded with the Orange County Recorder, and in connection with any termination of this Agreement, in such form or by such recordable instrument, that will allow a reputable title company to remove the Agreement as an exception to title of the Property (a “Termination Release”). 10.2. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall City Council 26 – 350 10/1/2024 -29- be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3. Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 10.4. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California, with venue in Orange County. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6. Singular and Plural. As used herein, the singular of any word includes the plural. 10.7. Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot that has been finally subdivided and sold to such owner as a member of the general public shall have any obligation under this Agreement except as expressly provided for herein. 10.8. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.9. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10. Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns, and no other person shall have any right of action based upon any provision of this Agreement. 10.11. Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by: (1) strikes, lockouts or labor disputes; (2) inability to obtain labor or materials or reasonable substitutes therefor (including as a result of freight embargos); (3) inclement weather which delays or precludes construction; (4) acts of God, including but not limited to earthquakes, or the public enemy or civil commotion; (5) condemnation, (6) fire or other casualty; (7) shortage of fuel, electricity or City Council 26 – 351 10/1/2024 -30- natural gas; (8) action or nonaction of public utilities or of local, state or federal governments, affecting the work, including, but not limited to, any delays in the permitting process as a result of the action or inaction of such governmental authorities including government shutdown for a period of time of one (1) week or more; (9) criminal acts or acts of terrorism; or (10) pandemic or government imposed quarantine (11) other conditions similar to those enumerated above which are beyond the reasonable anticipation or control of such Party, or other causes beyond the Party’s reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event , provided that the Term of this Agreement shall not be extended pursuant to this section for more than five (5) years. 10.12. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 10.13. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.14. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.15. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.16. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property. 10.17. Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.18. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. City Council 26 – 352 10/1/2024 -31- 10.19. Agent for Service of Process. In the event any Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the City Manager, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 10.20. Certificate of Compliance. At any time during the term of this Agreement, any lender or either Party may request either Party to this Agreement to confirm that (1) this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications); (2) to the best of such Party’s knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults; and (3) any other information reasonably requested. Each Party hereby agrees to provide a Certificate to such lender or other Party within thirty (30) days of receipt of the written request therefor. 10.21. Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind Owner to the performance of its obligations hereunder. [Signatures on following pages] City Council 26 – 353 10/1/2024 -32- IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below. OWNER RCR BRISTOL, LLC, a Delaware limited liability company By:_______________________ Name: Title: Dated: _______________ CITY City OF SANTA ANA, a California municipal corporation By:_________________________________ Mayor Dated: _______________ ATTEST: By:_________________________________ City Clerk Dated: _______________ APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP By:____________________________________ City Attorney Dated: _______________ City Council 26 – 354 10/1/2024 -33- JOINDER Unless expressly defined herein, all capitalized terms used herein shall have the meanings ascribed to such terms in the Development Agreement (the “Development Agreement”) to which this Joinder is attached. The undersigned Fee Owners are hereby entering into this Joinder for the sole purpose of subjecting their fee title to the Property to the burden and effect of the Development Agreement and, upon the recording of the Development Agreement in the Official Records of Orange County, fee title to the Property shall be encumbered by all of the terms and conditions of the Development Agreement; provided, however, notwithstanding the foregoing, the City acknowledges and agrees that unless the Fee Owners hereafter execute an Assignment and Assumption Agreement in a form approved by Fee Owners and the City in the manner described in Section 2.5.1 of the Development Agreement (the “Approved Form”), the Fee Owners (including members, partners, officers, agents or representatives of Fee Owners) shall have no liability, rights or obligations under the Development Agreement except for such rights or obligations expressly set forth for the benefit or burden of Fee Owners under the Development Agreement. Unless and until an Assignment and Assumption Agreement, in the Approved Form, is executed by the Fee Owners and City, City shall have no recourse against the Fee Owners or the fee title to the Property. Fee Owners shall receive notice of default and have the right, but not obligation, to cure any default as permitted in Sections 9.1.2 and 9.1.3 of the Development Agreement. Fee Owners and their lenders shall be entitled to receive a Certificate of Compliance upon request as provided in Section 10.20 of the Development Agreement. In addition, in the event that the Ground Lease is terminated, Fee Owners shall thereafter have the right to terminate the Development Agreement upon written notice to City, in which event the City shall cause to record a Termination Release with the Orange County Recorder. For avoidance of doubt, no modification of the Development Agreement pursuant to Section 2.7 of the Development Agreement shall limit or impair the rights of Fee Owners under this Joinder without the consent of Fee Owners. Greenville Ranch, LLC, a California limited liability company By: ___________________________ Alice Z. Callens, President By: ___________________________ Louise A. Callens, Secretary/Treasurer Executed as of __________________, 2024 City Council 26 – 355 10/1/2024 -34- MCG Bristol West, LLC, a California limited liability company By: ___________________________ David W. Cortney, Manager Executed as of __________________, 2024 BSG West Bristol, LLC, a California limited liability company By: ___________________________ Robert Bradley Gisler, Manager By: ___________________________ Susan E. Gisler, Manager Executed as of __________________, 2024 City Council 26 – 356 10/1/2024 EXHIBIT “A” (Legal Description of the Property) City Council 26 – 357 10/1/2024 EXHIBIT “B” (Map of the Property) City Council 26 – 358 10/1/2024 EXHIBIT “C” Development Plan and list of Project Approvals Development Plans and entitlement applications as presented in the City Staff Report Dated September 17, 2024 are incorporated herein by reference. Project Approvals include, but may not be limited to the following entitlements: 1. The Final Supplemental Environmental Impact Report entitled “Related Bristol Specific Plan Final Environmental Impact Report” (State Clearinghouse House No. 2020029087 and City of Santa Ana Development Project No. 2022-31 (“Project FEIR”), which tiers off the GPU FEIR (SCH# 2020029087) that was certified by the City on April 19, 2022. 2. The “Related Bristol” Specific Plan, dated July 2024, adopted by the City Council on _____, 2024, by way of Ord. No. __. 3. The Vesting Tentative Tract Map, dated July 29, 2024, approved by the City Council on September 17, 2024, by way of Resolution No. __. 4. The Zoning Map Amendment dated _______2023, adopted by the City Council on _____, 2024, by way of Ord. No. __ 084542\17991095v1 City Council 26 – 359 10/1/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 26 – 360 10/1/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 26 – 361 10/1/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 26 – 362 10/1/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 26 – 363 10/1/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 26 – 364 10/1/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 26 – 365 10/1/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 26 – 366 10/1/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 26 – 367 10/1/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 26 – 368 10/1/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 26 – 369 10/1/2024 ECONOMIC AND FISCAL IMPACT ANALYSIS Project Bristol, Santa Ana, CA February 7, 2023 Prepared for: RELATED CALIFORNIA Prepared by: THE NATELSON DALE GROUP, INC. P.O. Box 489 Yorba Linda, CA 92885 Telephone: (714) 692-9596 Fax: (714) 692-9597 Web: www.natelsondale.com Related Bristol, Santa Ana, CA Exhibit 10 City Council 26 – 370 10/1/2024 Table of Contents 1. Introduction ..................................................................................................................................... 1 Organization of the Report .............................................................................................................. 1 Scope of the study ........................................................................................................................... 1 Project Description .......................................................................................................................... 1 Categories of Fiscal Impacts Considered in the Study ..................................................................... 2 Categories of Regional Economic Benefits Considered in the Study ............................................... 3 2. Executive Summary .......................................................................................................................... 4 Annually-recurring Impacts to the City’s General Fund ................................................................... 4 Short-term (Construction) Impacts to Regional Economy ............................................................... 4 3. Fiscal Impacts ................................................................................................................................... 6 Annually Recurring Net Fiscal Impacts to General Fund (by Budget Category) .............................. 6 4. Economic Impacts ............................................................................................................................ 7 Study Methodology.......................................................................................................................... 7 Construction Impacts to Local Economy.......................................................................................... 7 APPENDICES Appendix A: Detailed Calculations for Fiscal Impact Analysis Appendix B: Economic Impact Analysis Inputs/Assumptions Exhibit 10 City Council 26 – 371 10/1/2024 Tables Table 1-1: Project Description ...................................................................................................................... 2 Table 2-1: General Fund Net Fiscal Summary .............................................................................................. 4 Table 2-2: Summary of Construction-Phase Economic Impacts .................................................................. 5 Table 3-1: General Fund Net Fiscal Impacts by Budget Category ................................................................ 6 Table 4-1: Detail of Construction-Phase Economic Impacts ........................................................................ 9 Exhibit 10 City Council 26 – 372 10/1/2024 THE NATELSON DALE GROUP, INC. Page 1 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) 1. Introduction This report evaluates the direct fiscal impacts and the broader economic benefits that would result from development and operation of the Project Bristol mixed use project in the City of Santa Ana. The proposed project will involve demolition of the existing (partially vacant) retail shopping center on the site and construction of a vertical mixed-use development. A detailed project description is provided below. Organization of the Report This introduction summarizes the project description and describes the scope of the study. Chapter 2 provides a brief summary of the fiscal and economic benefits that the proposed project would generate. Chapter 3 evaluates the project’s recurring fiscal impacts on the entities that would be most directly affected. Chapter 4 examines the regional economic benefits that would result from the project’s construction phase. Appendix A fully documents the technical details of the fiscal analysis. Appendix B provides further technical documentation of the regional economic benefits analysis. Scope of the study The City of Santa Ana is the primary jurisdiction that would experience significant fiscal impacts as a result of the project. This report quantifies direct revenue and cost impacts to the City of Santa Ana based on standard fiscal impact analysis methodologies. The regional economic benefits analysis considers the temporary impacts associated with project construction. For the construction-phase impacts, the analysis considers direct (i.e., on-site) impacts as well as indirect or “multiplier” benefits in the larger regional (Orange County) economy. Project Description Table 1-1, on the following page, summarizes the specific land uses assumed for development on the project site. As shown in the table, the project would include 3,750 multi-family apartment units; 350,000 square feet of retail commercial space; a 250-room hotel; and a 200-unit senior living community. As also shown on Table 1-1, existing development on the site totals approximately 465,000 square feet of retail and commercial services space. Exhibit 10 City Council 26 – 373 10/1/2024 THE NATELSON DALE GROUP, INC. Page 2 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) Table 1-1: Project Description Project Bristol City of Santa Ana Categories of Fiscal Impacts Considered in the Study The fiscal impact analysis focuses on permanent, annually-recurring impacts resulting from ongoing operation of the development project. The following categories of fiscal revenues are considered in the analysis: • Property Tax • Property Tax in lieu of VLF • Sales Tax • Transient Occupancy Tax • Business Tax • Other/miscellaneous General Fund revenues The following categories of municipal costs are included in the analysis: • Police • Fire • Library/Museum • Public Works • Community Development • Planning and Building • General Government (administration) Existing Proposed Conditions Project Net Change Residential Multi-family Residential (units)- 3,750 3,750 Total Residential Units - 3,750 3,750 Retail Grocery 47,208 50,000 2,792 Fitness 37,682 45,000 7,318 Food and Beverage 56,080 70,000 13,920 Other Retail 200,312 75,000 (125,312) Services (banking, medical, etc.) 123,781 110,000 (13,781) Commercial Total Square Feet 465,063 350,000 (115,063) Hotel Hotel Rooms - 250 250 Total Hotel - 250 250 Senior Living Senior Living (units) - 200 200 Total Senior Living - 200 200 Source: Project Applicant. Exhibit 10 City Council 26 – 374 10/1/2024 THE NATELSON DALE GROUP, INC. Page 3 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) Categories of Regional Economic Benefits Considered in the Study During the construction period, the proposed project would generate the following types of economic benefits in the regional economy: Direct Benefits. Direct benefits relate to the short-term business activity of general contractors involved in the project construction. Indirect Benefits. Indirect benefits would result when local firms directly impacted by the project in turn purchase materials, supplies or services from other firms. An example would include increased sales of building materials as a result of construction activity. Induced Benefits. Induced benefits relate to the consumption spending of employees of firms that are directly or indirectly affected by the project. These would include all of the goods and services normally associated with household consumption (e.g., retail purchases, local services, etc.)1. The analysis quantifies the above benefits in terms of the following measures: Total industry output – the increase in gross industry receipts, representing the total economic activity generated by the project; Value added – the portion of total output that most accurately reflects local economic activity (i.e., local payrolls and profits, as distinct from gross output which may include the value of raw materials purchased outside the region); Jobs – expressed in this analysis in terms of both full-time and part-time jobs; and Payroll and benefits – the total labor income (employee compensation and proprietor income) associated with the created jobs. 1 To be conservative, this analysis assumes that most construction employees will “in-commute” to the project site (i.e., live outside of the City). This ensures that the analysis does not overstate induced economic impacts. See Section 4, page 7, for further detail. Exhibit 10 City Council 26 – 375 10/1/2024 THE NATELSON DALE GROUP, INC. Page 4 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) 2. Executive Summary Annually-recurring Impacts to the City’s General Fund Table 2-1, below, summarizes the project’s recurring fiscal impacts to the City of Santa Ana. As shown on the table, at full buildout the project would generate a net surplus of approximately $10.7 million per year to the City’s General Fund. In comparison, the existing (partially vacant) commercial center on the site is estimated to generate a net fiscal benefit of about $2.8 million per year2. Thus, the proposed project would result in a net improvement of the City’s fiscal position of about $7.9 million per year. Table 2-1: General Fund Net Fiscal Summary Project Bristol City of Santa Ana Short-term (Construction) Impacts to Regional Economy This section provides a summary of the project’s construction-phase impacts to the Orange County economy. The summary includes the sum of all direct, indirect, and induced impacts, as shown on Table 2-2 below. The total construction-related impacts would include the following: Output: At buildout the project’s one-time construction activities would generate close to $2.9 billion in total economic activity in Orange County, through direct, indirect, and induced impacts. Value Added: At buildout the project’s one-time construction activities would generate approximately $2.2 billion in total value added in Orange County, through direct, indirect, and induced impacts. Employment: At buildout the project’s one-time construction activities would support approximately 5,900 jobs per year in Orange County, through direct, indirect, and induced impacts 3. 2 It should be noted that the existing shopping center has experienced increasing vacancies over time. As this trend is expected to continue based on foreseeable market conditions, the existing or baseline fiscal benefit associated with the project site is likely to decrease from current levels. 3 The jobs estimate is calculated by dividing the total number of jobs supported over the number of years for construction of the project. For example, If a worker is on the job site over the course of the entire project or over several years of the project, that job will be counted in IMPLAN more than once. (i.e. if a worker is on site for all 11 years of a construction project IMPLAN counts that as 11 jobs). However, this is in fact just one job sustained over 11 years of the project. Existing Proposed Ge neral Fund Category Conditions Project Ne t Change Revenues $3,290,327 $13,302,933 $10,012,605 Expenditures $471,270 $2,592,846 $2,121,576 Net General Fund Impact $2,819,057 $10,710,086 $7,891,029 Source: The Natelson Dale Group, Inc. (TNDG). Exhibit 10 City Council 26 – 376 10/1/2024 THE NATELSON DALE GROUP, INC. Page 5 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) Labor Income: At buildout the project’s one-time construction activities would generate approximately $1.8 billion in total employee compensation in Orange County, through direct, indirect, and induced impacts. Table 2-2: Summary of Construction-Phase Economic Impacts Orange County Project Bristol Category Phase 1 Phase 2 Phase 3 Buildout Output (000s)$1,353,647 $567,150 $942,359 $2,863,156 Value Added (000s)$1,026,296 $445,271 $754,078 $2,225,646 Employment (avg. annual)2,427 1,468 1,970 5,865 Labor Income (000s)$833,520 $358,367 $603,966 $1,795,853 Source: IMPLAN; TNDG Exhibit 10 City Council 26 – 377 10/1/2024 THE NATELSON DALE GROUP, INC. Page 6 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) 3. Fiscal Impacts Annually Recurring Net Fiscal Impacts to General Fund (by Budget Category) Table 3-1, below, shows the breakdown of the annual General Fund revenues and costs that would be generated by the proposed project. As shown on the table, at full buildout the project would generate a net surplus of approximately $10.7 million per year to the City’s General Fund. In comparison, the existing (partially vacant) commercial center on the site is estimated to generate a net fiscal benefit of about $2.8 million per year. Thus, the proposed project would result in a net improvement of the City’s fiscal position of about $7.9 million per year. Table 3-1: General Fund Net Fiscal Impacts by Budget Category Project Bristol – City of Santa Ana Existing Proposed Ge neral Fund Conditions Project Ne t Change Revenues Property Tax $183,131 $3,901,013 $3,717,881 Property Tax in lieu of VLF 90,991 1,938,257 1,847,267 Property Transfer Tax 3,601 76,706 73,105 Sales Tax (on-site) (1)2,831,528 3,500,000 668,473 Sales Tax (off-site) (1)0 805,729 805,729 Transient Occupancy Tax (TOT)0 1,899,095 1,899,095 Charges for Services 22,877 284,429 261,552 Fines 8,824 109,703 100,879 Franchise Fees 18,588 231,100 212,513 Intergovernmental 14,511 160,109 145,598 Licenses and Permits 9,329 115,987 106,658 Business Tax 95,064 133,043 37,979 Miscellaneous 11,885 147,762 135,878 Total Revenues $3,290,327 $13,302,933 $10,012,605 Expenditures Library + Museum Fund 13,438 $138,906 $125,468 Parks, Recreation and Community Services 42,648 440,846 398,199 Police Department 204,856 176,498 (28,358) Fire Department 74,952 879,670 804,718 Planning and Building Agency 15,038 176,498 161,460 Public Works 15,209 178,495 163,287 Community Development 3,773 44,287 40,514 General Government 101,356 557,645 456,289 Total Expenditures $471,270 $2,592,846 $2,121,576 Net General Fund Fiscal Impact $2,819,057 $10,710,086 $7,891,029 (1) Sales tax projections are based on total City sales tax rate of 2.5%, including standard local sales tax rate of 1.0% and Measure X rate of 1.5%. Source: The Natelson Dale Group, Inc. (TNDG). Exhibit 10 City Council 26 – 378 10/1/2024 THE NATELSON DALE GROUP, INC. Page 7 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) 4. Economic Impacts Study Methodology This analysis used the IMPLAN (Impact Analysis for Planning) economic impact modeling software to evaluate the project’s one-time construction impacts4. This software is classified as an “Input-Output” (IO) model that computes all of the economic impacts of industries in a user-defined region (in this case, Orange County), including the estimated local expenditures of employees of both project-direct and supplier firms. The current version of the IMPLAN model divides the economy into 546 sectors that correspond to 4-digit and 5-digit NAICS codes. For construction activity, the IMPLAN modeling system relies on data from the compiled U.S. Census Bureau instead of the NAICS system. The report appendix documents all of the assumptions used in this analysis to translate project specific data into IMPLAN model inputs. As shown in Appendix B, construction-related impacts are based on anticipated construction values provided by the applicant. These construction values were matched to the appropriate IMPLAN construction sector for the impact analysis. The economic benefits, discussed in the following sections, are expressed in terms of increased economic activity (“output”), value added, job creation, and employee compensation. See page 3 in the Introduction for definitions of these economic benefits measures. The following section summarizes total project construction-related impacts. Construction Impacts to Local Economy Table 4-1, on page 9, provides a detailed summary of the construction-phase impacts at buildout to the Orange County economy. Industry Output and Value Added During the construction phase, the project is projected to directly generate approximately $2.1 billion in total economic activity in Orange County, resulting in about to $1.7 billion in value added. In addition to its direct impacts, the indirect/induced impacts during project construction would include approximately $771.2 million in total economic activity and $489.8 million in value added (see page 3 for definitions of “direct”, “indirect” and “induced”). Thus, accounting for the full range of economic benefits in the County, during its construction phase the project will generate a grand total of about $2.9 billion in total industry output and approximately $2.2 billion in value added. Jobs Created and Employee Compensation During the construction phase the project is projected to generate approximately 4,756 directly related average annual jobs onsite and approximately 1,108 average annual jobs through indirect and induced economic activity. These are quantified as full-time, part-time and temporary jobs. Thus, accounting for the full range of economic benefits in Orange County – through direct, indirect, and induced activity – the project will generate close to 5,900 average annual jobs during the construction phase. The labor 4 This model was developed by researchers at the University of Minnesota and is widely used in economic impact analysis throughout the Country. Exhibit 10 City Council 26 – 379 10/1/2024 THE NATELSON DALE GROUP, INC. Page 8 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) income associated with these jobs would total approximately $1.8 billion. The employee compensation component of labor income would total approximately $1.39 billion5. To be conservative, this analysis assumes that a significant amount of construction employment will be brought in from outside Orange County. In the IMPLAN system, employment is site based, so even if a worker is brought in from outside the region they still count as “local” employment during the period of their work. However, we acknowledge that is unreasonable to assume that these outside workers will spend their income in the same way as residents. Thus, we have modified the Labor Income values for the construction Industry to account for payroll that is going to workers outside the region6. This ensures that the analysis does not overestimate induced impacts by accounting for employee spending that will, for the most part, not occur in the County. The adjustments to this analysis are documented in Appendix B, Table B-2. 5 Employee compensation is a “fully-loaded” payroll estimate: it includes wages and salaries, all benefits (e.g., health, retirement), and payroll taxes (both sides of social security, unemployment insurance taxes, etc.). 6 The IMPLAN system has built-in factors to estimate the “in-commuting rate” (rate at which local workers commute out of the region to go home), to reduce total income before it’s distributed to local households. However, for this analysis in-commuting rates for construction workers have been customized based on data specific to Orange County (from the U.S. Census Bureau’s Longitudinal Employer-Household Dynamics [LEHD] Origin-Destination Employment Statistics [LODES] data series). County-level jobs inflow and outflow data are available in a web-based mapping and reporting application (OnTheMap). See Appendix B for details of the “in- commuting rate” adjustment. Exhibit 10 City Council 26 – 380 10/1/2024 THE NATELSON DALE GROUP, INC. Page 9 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) Table 4-1: Detail of Construction-Phase Economic Impacts Orange County Project Bristol Category Phase 1 Phase 2 Phase 3 Buildout Output (000s) Direct $983,093 $415,392 $693,459 $2,091,943 Indirect 119,243 43,689 66,750 229,682 Induced 251,312 108,069 182,150 541,532____________ ____________ ____________ ____________ Total $1,353,647 $567,150 $942,359 $2,863,156 Value Added (000s) Direct $791,713 $348,759 $595,368 $1,735,840 Indirect 74,059 27,484 42,363 143,905 Induced 160,525 69,029 116,347 345,901____________ ____________ ____________ ____________ Total $1,026,296 $445,271 $754,078 $2,225,646 Employment (avg. annual) Direct 1,958 1,192 1,606 4,756 Indirect 140 76 96 312 Induced 329 199 268 797____________ ____________ ____________ ____________ Total 2,427 1,468 1,970 5,865 Labor Income (000s) Direct $703,196 $305,012 $516,476 $1,524,684 Indirect 44,694 16,532 25,425 86,650 Induced 85,630 36,823 62,065 184,519____________ ____________ ____________ ____________ Total $833,520 $358,367 $603,966 $1,795,853 Source: IMPLAN; TNDG Exhibit 10 City Council 26 – 381 10/1/2024 APPENDIX A: Detailed Calculations for Fiscal Impact Analysis Exhibit 10 City Council 26 – 382 10/1/2024 Table A-1 Summary of Annual Impacts to General Fund Project Bristol City of Santa Ana Existing Proposed General Fund Conditions Project Net Change Revenues Property Tax $183,131 $3,901,013 $3,717,881 Property Tax in lieu of VLF 90,991 1,938,257 1,847,267 Property Transfer Tax 3,601 76,706 73,105 Sales Tax (on-site) (1)2,831,528 3,500,000 668,473 Sales Tax (off-site) (1)0 805,729 805,729 Transient Occupancy Tax (TOT)0 1,899,095 1,899,095 Charges for Services 22,877 284,429 261,552 Fines 8,824 109,703 100,879 Franchise Fees 18,588 231,100 212,513 Intergovernmental 14,511 160,109 145,598 Licenses and Permits 9,329 115,987 106,658 Business Tax 95,064 133,043 37,979 Miscellaneous 11,885 147,762 135,878 Total Revenues $3,290,327 $13,302,933 $10,012,605 Expenditures Library + Museum Fund 13,438 $138,906 $125,468 Parks, Recreation and Community Services 42,648 440,846 398,199 Police Department 204,856 176,498 (28,358) Fire Department 74,952 879,670 804,718 Planning and Building Agency 15,038 176,498 161,460 Public Works 15,209 178,495 163,287 Community Development 3,773 44,287 40,514 General Government 101,356 557,645 456,289 Total Expenditures $471,270 $2,592,846 $2,121,576 Net General Fund Fiscal Impact $2,819,057 $10,710,086 $7,891,029 (1) Sales tax revenue is based on total City sales tax rate of 2.5% of taxable sales, including standard local sales tax rate of 1.0% and Measure X rate of 1.5%. Source: The Natelson Dale Group, Inc. (TNDG). Exhibit 10 City Council 26 – 383 10/1/2024 Table A-2 Land Use Assumptions for Fiscal Impact Analysis Project Bristol City of Santa Ana Existing Proposed Conditions Project Net Change Residential Multi-family Residential (units)- 3,750 3,750 Total Residential Units - 3,750 3,750 Retail Grocery 47,208 50,000 2,792 Fitness 37,682 45,000 7,318 Food and Beverage 56,080 70,000 13,920 Other Retail 200,312 75,000 (125,312) Services (banking, medical, etc.) 123,781 110,000 (13,781) Commercial Total Square Feet 465,063 350,000 (115,063) Hotel Hotel Rooms - 250 250 Total Hotel - 250 250 Senior Living Senior Living (units) - 200 200 Total Senior Living - 200 200 Source: Project applicant. Exhibit 10 City Council 26 – 384 10/1/2024 Table A-3a Fiscal Analysis Factors: Assessed Valuation, Taxable Sales and Hotel Revenue per Available Room (RevPAR) Project Bristol City of Santa Ana Taxable Sales Total Assessed per SF /Assessed Development Category Units or SF Value/Unit or SF RevPAR Value Residential Apartments 3,750 $450,000 N/A $1,687,500,000 Retail/Restaurant Existing 465,063 $204 $244 $94,886,718 New 350,000 $350 $400 $122,500,000 Hotel Hotel Rooms 250 $325,000 $220 $81,250,000 Senior Living Senior Living Units 200 $650,000 N/A $130,000,000 Source:Orange County Assessor's Office (for exsiting assessed value); TNDG. Exhibit 10 City Council 26 – 385 10/1/2024 Table A-3b Fiscal Analysis Factors: Assessed Valuation, Taxable Sales and Hotel Revenue per Available Room (RevPAR) Project Bristol City of Santa Ana Estimated Estimated Total Onsite Jobs per Residents per Unit2 Onsite Residents (or Development Category Units or SF Unit or SF1 or Hotel Room Employees Hotel Equivalent) Residential Apartments 3,750 1/30 1.73 125 6,488 Retail/Restaurant Existing 465,063 371 N/A 1,255 N/A New 350,000 324 N/A 1,082 N/A Hotel Hotel Rooms 250 1.00 0.55 250 137 Senior Living Senior Living Units 200 0.64 1.50 127 300 TOTAL RESIDENT EQUIVALENTS 6,925 Source:TNDG. Notes: 1 Retail employment densities are weighted averages based on the following factors: restaurants - 1 employee/150 square feet; grocery/big box - 1 employee/500 square feet; other retail/services - 1 employee/400 square feet. 2. Hotel guests are expressed as a "resident equivalent" based on anticipated occupancy levels. Exhibit 10 City Council 26 – 386 10/1/2024 Table A-4a Assessed Value Estimates by Project Component Project Bristol - EXISTING CONDITIONS City of Santa Ana Assessed Project Component Units / SF Value Residential - $0 Retail 465,063 $94,886,718 Hotel - $0 Senior Living - $0 Total Assessed Value $94,886,718 Source: Orange County Assessor's Office; TNDG. Exhibit 10 City Council 26 – 387 10/1/2024 Table A-4b Assessed Value Estimates by Project Component Project Bristol - PROPOSED DEVELOPMENT City of Santa Ana Assessed Project Component Units / SF Value Residential 3,750 $1,687,500,000 Retail 350,000 $122,500,000 Hotel 250 $81,250,000 Senior Living 200 $130,000,000 Total Assessed Value $2,021,250,000 Source: TNDG. Exhibit 10 City Council 26 – 388 10/1/2024 Table A-5 Total Property Tax Increment by Agency Project Bristol City of Santa Ana Existing Conditions Proposed Project Net Change Total Assessed Value $94,886,718 $2,021,250,000 $2,116,136,718 Total Property Tax @ 1.0% of Assessed Value $948,867 $20,212,500 $21,161,367 City of Santa Ana General Fund Share 19.3%19.3% Annual General Fund Revenue $183,131 $3,901,013 $3,717,881 Source:TNDG. Exhibit 10 City Council 26 – 389 10/1/2024 Table A-6 Projected Property Tax In Lieu of Vehicle License Fees (VLF) Project Bristol City of Santa Ana Citywide Assessed Value (in $000's)1 $38,930,804 Base Value for Property Tax in Lieu of VLF2 $37,332,300 Variable Existing Conditions Proposed Project Net Change Total Assessed Value (Project)$94,886,718 $2,021,250,000 $2,116,136,718 Percentage of Citywide Assessed Value 0.2%5.2%4.9% Annual Property Tax In Lieu of VLF $90,991 $1,938,257 $1,847,267 Sources: City of Santa Ana Budget (FY 2022-2023 and 2021 Comprehensive Annual Financial Report (CAFR); TNDG. Notes:1. See Tables A-4a and A-4b. Exhibit 10 City Council 26 – 390 10/1/2024 Table A-7 Estimate of Real Property Documentary Transfer Tax Project Bristol City of Santa Ana Existing Conditions Proposed Project Net Change Total Assessed Value $94,886,718 $2,021,250,000 $2,116,136,718 Annual Ownership Turnover Rate 6.9%6.9% Annual Value of Properties Sold $6,547,184 $139,466,250 $132,919,066 City Documentary Transfer Tax Rate 0.055%0.055% Annual City Revenue $3,601 $76,706 $73,105 Source: TNDG Exhibit 10 City Council 26 – 391 10/1/2024 Table A-8 Estimate of On-Site Taxable Sales and City Sales Tax Revenue Project Bristol City of Santa Ana Project Component Existing Conditions Proposed Project Net Change Taxable Sales:$113,261,100 $140,000,000 $26,738,900 On-Site Sales Tax @ 2.5% of Taxable Sales $2,831,528 $3,500,000 $668,473 Source: TNDG Exhibit 10 City Council 26 – 392 10/1/2024 Table A-9 Estimate of New City Off-Site Sales Tax Project Bristol City of Santa Ana Proposed Project Apartment Residents Total Taxable Spending of Residents1 $123,648,000 % Captured Offsite (within Santa Ana)25% New Taxable Sales in City $30,912,000 City Sales Tax Revenue @ 2.5%$772,800 Hotel Guests Rooms 250 Occupancy Rate 86% Visitors @ 1.1/occupied room 237 Spending per Visitor (annualized)$6,844 Total Taxable Retail Sales $1,618,606 % Captured Offsite (within Santa Ana)25% New Taxable Sales in City $404,652 City Sales Tax Revenue @ 2.5%$10,116 Senior Living Total Dwelling Units 200 Average Daily Retail Expenditures per Unit $50.00 Total Taxable Retail Sales $3,650,000 % Captured in City (within Santa Ana)25% New Taxable Sales in City $912,500 City Sales Tax Revenue @ 2.5%$22,813 Total Projected Off-Site Taxable Sales:$32,229,152 Total Projected Off-Site Sales Tax Revenue:$805,729 (1) Estimated based on number of households and average household income level. Source: TNDG. Exhibit 10 City Council 26 – 393 10/1/2024 Table A-10 Estimate of Transient Occupancy Tax (TOT) Revenue Project Bristol City of Santa Ana Annual Total/ Average Hotel rooms 250 Average annual occupancy rate 86% Occupied room nights 78,475 Average room rate $220.00 Total annual room revenue $17,264,500 City TOT Revenue @ 11%$1,899,095 Source: TNDG Exhibit 10 City Council 26 – 394 10/1/2024 Table A-11 Estimate of New Employees Project Bristol City of Santa Ana Existing Conditions Proposed Project Net Change Residential - 125 125 Retail 1,255 1,082 (174) Hotel - 250 250 Senior Living - 300 300 Total 1,255 1,757 501 Source: TNDG. Exhibit 10 City Council 26 – 395 10/1/2024 Table A-12 Derivation of Revenue Projection Factors Project Bristol City of Santa Ana City of Santa Ana Population 308,459 City of Santa Ana, Employee Population 161,086 Employee Weighting Factor 0.50 Effective Employee Population 80,543 Citywide GF Budget Allocation Relevant Per Capita Budget Category FY 2021/22 Basis1 Population Revenue Charges for Services $14,179,600 R+E 389,002 $36.45 Fines 5,469,000 R+E 389,002 14.06 Franchise Fees 11,521,000 R+E 389,002 29.62 Intergovernmental 7,132,040 R 308,459 23.12 Licenses and Permits 5,782,270 R+E 389,002 14.86 Business Tax 12,200,000 E 161,086 75.74 Miscellaneous 7,366,370 R+E 389,002 18.94 Sources:State of California, Department of Finance, E-5 Table (01/01/2022); Census On the Map (2019); City of Santa Ana, FY 2022-23 Proposed Budget; TNDG. Notes:1. Allocation basis: R - residents; R+E - residents plus effective employee population; E - employees. GF = General Fund. Exhibit 10 City Council 26 – 396 10/1/2024 Table A-13a Projected General Fund Revenues Project Bristol - EXISTING CONDITIONS City of Santa Ana Charges for Franchise Inter-Licenses Business Variable Services Fines Fees Governmental and Permits Tax Miscellaneous Allocation Basis R+E R+E R+E R R+E E R+E Residents - - - - - - - Onsite Employees 1,255 1,255 1,255 1,255 1,255 1,255 1,255 Weighting Factor 0.50 0.50 0.50 0.50 0.50 1.00 0.50 Population Equivalent 628 628 628 628 628 1,255 628 Per Capita Revenue $36.45 $14.06 $29.62 $23.12 $14.86 $75.74 $18.94 Total Annual Revenue $22,877 $8,824 $18,588 $14,511 $9,329 $95,064 $11,885 Source: TNDG. Exhibit 10 City Council 26 – 397 10/1/2024 Table A-13b Projected General Fund Revenues Project Bristol - PROPOSED PROJECT City of Santa Ana Charges for Franchise Inter-Licenses Business Variable Services Fines Fees Governmental and Permits Tax Miscellaneous Allocation Basis R+E R+E R+E R R+E E R+E Residents 6,925 6,925 6,925 6,925 6,925 6,925 6,925 Onsite Employees 1,757 1,757 1,757 1,757 1,757 1,757 1,757 Weighting Factor 0.50 0.50 0.50 0.50 0.50 1.00 0.50 Population Equivalent 7,803 7,803 7,803 6,925 7,803 1,757 7,803 Per Capita Revenue $36.45 $14.06 $29.62 $23.12 $14.86 $75.74 $18.94 Total Annual Revenue $284,429 $109,703 $231,100 $160,109 $115,987 $133,043 $147,762 Source: TNDG. Exhibit 10 City Council 26 – 398 10/1/2024 Table A-14 Derivation of Cost Projection Factors Project Bristol City of Santa Ana City of Santa Ana Population 308,459 City of Santa Ana, Employee Population 161,086 Employee Weighting Factor 0.50 Effective Employee Population 80,543 Adjustment Citywide For New Adjusted GF Budget Servic e General Fund Allocation Relevant Per Capita Budget Category FY 2021/22 Population Cost Basis Basis1 Population Costs Library + Museum Fund $7,338,370 90%$6,604,533 R 308,459 $21.41 Parks, Recreation, and Community Services 23,289,740 90%20,960,766 R 308,459 67.95 Police Department 141,082,500 90%126,974,250 R+E 389,002 326.41 Fire Department 51,618,690 90%46,456,821 R+E 389,002 119.43 Planning and Building Agency 15,535,280 60%9,321,168 R+E 389,002 23.96 Public Works 15,711,070 60%9,426,642 R+E 389,002 24.23 Community Development 3,898,130 60%2,338,878 R+E 389,002 6.01 Sources:State of California, Department of Finance, E-5 Table (01/01/2022); Census On the Map (2019); City of Santa Ana, FY 2022-23 Proposed Budget; TNDG. 1. Allocation basis: R - residents; R+E - residents plus effective employee population; Notes:E - employees. GF = General Fund. Exhibit 10 City Council 26 – 399 10/1/2024 Table A-15a Projected General Fund Costs Project Bristol - EXISTING CONDITIONS City of Santa Ana Parks, Recreation, Library +and Community Police Fire Planning and Public Community Variable Museum Fund Services Department Department Building Agency Works Development Allocation Basis R R R R+E R+E R+E R+E Residents - - - - - - - Onsite Employees 1,255 1,255 1,255 1,255 1,255 1,255 1,255 Weighting Factor 0.50 0.50 0.50 0.50 0.50 0.50 0.50 Population Equivalent 628 628 628 628 628 628 628 Per Capita Cost $21.41 $67.95 $326.41 $119.43 $23.96 $24.23 $6.01 Total Annual Cost $13,438 $42,648 $204,856 $74,952 $15,038 $15,209 $3,773 Source: TNDG. Exhibit 10 City Council 26 – 400 10/1/2024 Table A-15b Projected General Fund Costs Project Bristol - PROPOSED PROJECT City of Santa Ana Parks, Recreation, Library +and Community Police Fire Planning and Public Community Variable Museum Fund Services Department Department Building Agency Works Development Allocation Basis R R R R+E R+E R+E R+E Residents 6,488 6,488 6,488 6,488 6,488 6,488 6,488 Onsite Employees 1,757 1,757 1,757 1,757 1,757 1,757 1,757 Weighting Factor 0.50 0.50 0.50 0.50 0.50 0.50 0.50 Population Equivalent 6,488 6,488 6,488 7,366 7,366 7,366 7,366 Per Capita Cost $21.41 $67.95 $326.41 $119.43 $23.96 $24.23 $6.01 Total Annual Cost $138,906 $440,846 $2,117,587 $879,670 $176,498 $178,495 $44,287 Source: TNDG. Exhibit 10 City Council 26 – 401 10/1/2024 Table A-16 Projected General Government Costs Project Bristol City of Santa Ana 2021-22 General Government Categories Annual Budget City Manager $2,774,200 City Council 569,280 General Non-Departmental 49,206,780 Clerk of the Council 1,470,790 City Attorney 2,995,140 Human Resources 3,455,190 Finance Department 10,416,490 Total $70,887,870 General Fund Total $329,321,650 General Fund (non-Gen Gov't)$258,433,780 General Government Functions @ 27.4%of other General Fund costs Source: City of Santa Ana, FY 2022-23 Proposed Budget; TNDG. Exhibit 10 City Council 26 – 402 10/1/2024 APPENDIX B: Economic Impact Analysis Inputs/Assumptions Exhibit 10 City Council 26 – 403 10/1/2024 Table B-1 IMPLAN Inputs for Construction Phase Impacts Project Bristol Construction Indutry Output Value by Phase IMPLAN Industry Sector Phase 1 Phase 2 Phase 3 55 - Construction of new commercial structures $230,382,500 $35,327,500 $19,022,500 58 - Construction of new multifamily residential structures 752,710,000 380,064,000 674,436,000__________________________________________ Total $983,092,500 $415,391,500 $693,458,500 Source: IMPLAN; Applicant; TNDG. Note : Construction values include all hard and soft (architectural, engineering, legal, etc.) costs. They do not include other common construction costs, such as land or furniture, fixtures, and equipment (FF&E). The estimated allocation between industry sectors is based on the relative distribution of project residential and commercial construction costs. Exhibit 10 City Council 26 – 404 10/1/2024 Table B-1 IMPLAN Inputs for Construction Phase Impacts Project Bristol Construction Indutry Output Value by Phase IMPLAN Industry Sector Phase 1 Phase 2 Phase 3 55 - Construction of new commercial structures $230,382,500 $35,327,500 $19,022,500 58 - Construction of new multifamily residential structures 752,710,000 380,064,000 674,436,000__________________________________________ Total $983,092,500 $415,391,500 $693,458,500 Source: IMPLAN; Applicant; TNDG. Note : Construction values include all hard and soft (architectural, engineering, legal, etc.) costs. They do not include other common construction costs, such as land or furniture, fixtures, and equipment (FF&E). The estimated allocation between industry sectors is based on the relative distribution of project residential and commercial construction costs. Exhibit 10 City Council 26 – 405 10/1/2024 www.FinanceDTA.com Irvine | San Jose | San Francisco | Riverside | Dallas | Houston | Raleigh | Tampa SUMMARY MEMORANDUM September 27, 20 23 To: Jeremy Krout, EPD Solutions From: David Taussig and Jerry Wen, DTA Subject: Economic Impacts Resulting from the Proposed Related Bristol Specific Plan The intent of this memorandum is to provide a peer review of an economic impact analysis (“EIA”) prepared on behalf of Related California (“Related”) for its proposed Related Bristol Specific Plan (the “Specific Plan,” or the “Project”) to be located in the City of Santa Ana (the “City”), within the County of Orange, California (the “County”). Related submitted a fiscal impact analysis and an EIA to the City dated February 7, 2023, that was prepared by The Natelson Dale Group, Inc. The EIA component of the Related submittal (the “Related EIA”) only evaluated the projected impact of the Project on the City’s overall economy in terms of jobs and economic output on a one-time basis (e.g., construction impacts), but not on a recurring basis (e.g., permanent impacts). DTA’s approach to this engagement was to prepare its own separate EIA (the “DTA EIA”), with DTA then comparing its conclusions with those reached in the Related EIA in terms of the one-time economic impacts from the construction of the Project on the City. However, DTA also took the liberty of analyzing the annual recurring permanent economic impacts of the Project on the City, which our firm generally includes in the results of our economic impact studies to provide a more comprehensive view of a project’s effect on the local economy. A Description of the Project Site and Project Use As depicted in Figure 1, the 41.1-acre Project site located at 3600 South Bristol Street is developed with 465,063 building square feet (“BSF”) of predominately retail and restaurant uses, with some medical office, financial, and fitness uses. Figure 1: Project Site Exhibit 10 City Council 26 – 406 10/1/2024 2 City of Santa Ana September 27, 2023 Economic Impacts Resulting from the Proposed Related Bristol Specific Plan Related proposed the Specific Plan to replace the existing General Commercial (“C2”) and Regional Commercial (“CR”) zoning on the Project site, demolish the existing shopping center and related infrastructure, and redevelop the Project site into a mixed-use development of for-rent residential units, retail and service uses, and a hotel. A summary of the proposed land uses and their respective associated residential unit or non-residential square footage parameters within the Project are listed below in Table 1. Table 1: Proposed Land Uses for the Project Land Uses Dwelling Units (“DUs”), Hotel Rooms (“RMs”), and BSF Residential Land Uses 3,750 DUs Apartment 3,750 DUs Non-R esidential Land Uses 350,000 BSF/250 RMs Grocery 50,000 BSF Fitness 45,000 BSF Restaurant 70,000 BSF Neighborhood Retail 75,000 BSF Neighborhood Services 110,000 BSF Hotel 250 RMs B Overview of Economic Impact Analysis The DTA EIA identifies the general economic impacts of the Project on the County and City. As illustrated in Figure 2, economic impact studies operate under the basic assumption that any increase in spending resulting from a development project has direct, indirect, and induced economic effects. First, there is a direct impact caused by the additional output of goods or services on-site. Second, there are a ripple of indirect impacts on all the industries whose outputs are used by firms located within the Project and various firms’ supply chains. Third, there are induced impacts that arise when employment increases in the region and stimulates greater household spending. In evaluating these economic impacts, the DTA EIA incorporates two stages of the development process: construction and recurring operations. First, there is a one-time impact from the construction of the various types of land uses within the Project. Then, after the construction and tenant improvement phases are complete, the DTA EIA determines the magnitude of the permanent annual recurring impact on the economy through the ongoing operations of the development that has occurred on the Project site. For purposes of the DTA EIA, all economic impacts are stated in constant 2023 (uninflated) dollars based on the assumption that the relative impacts of inflation in future years would be difficult to gauge, and inflation-impacted numbers would not provide as clear a description of the economic impacts of the Project. Exhibit 10 City Council 26 – 407 10/1/2024 3 City of Santa Ana September 27, 2023 Economic Impacts Resulting from the Proposed Related Bristol Specific Plan Figure 2: Direct, Indirect, and Induced Impacts Although most economists agree that indirect and induced effects, or “multiplier” effects, exist, most economists also concur that such effects are difficult to measure. Patterns of spending and employment among suppliers and employee households often vary over time and from one region to another. DTA used the web application of the Impact Analysis for Planning (“IMPLAN”) economic modeling system for its analysis. IMPLAN is a nationally recognized input-output model that can be used to estimate the impacts of new development on the economy through the use of an economic multiplier analysis that is applied to individual counties (e.g., Orange County). The IMPLAN model can be envisioned simply as a large spreadsheet with hundreds of industries (plus the household sector) arrayed across the top as producers and the same industries and households listed down the side as consumers. Each million dollars (output) in spending by any one consumer (i.e., the Project) is allocated across the producing industries from which it buys goods and services. These producing industries, in turn, spend money buying goods and services from their own distinct sets of suppliers. Thus, the IMPLAN multiplier model allows one to gauge the effect of each dollar expended by an industry as it diffuses through a regional economy. Furthermore, it allows one to translate the overall regional impact of spending into jobs and employee compensation. Please refer to Figure 3 for a graphical representation of the multiplier effect. The multiplier factors available to determine indirect/induced impacts are intended to reflect impacts for entire areas within the County. Exhibit 10 City Council 26 – 408 10/1/2024 4 City of Santa Ana September 27, 2023 Economic Impacts Resulting from the Proposed Related Bristol Specific Plan Figure 3: Multiplier Effect of Project Expenditures Source: Northern Economics, Inc. 2011. C Economic Impact Definition “Employment” follows the same definition as the U.S. Bureau of Economic Analysis’ regional economic accounts and U.S. Bureau of Labor Statistics’ Census of Employment and Wages data, which is the full-time/part-time annual average. Thus, one (1) job lasting 12 months is equivalent to two (2) jobs lasting 6 months each or four (4) jobs lasting 3 months each. In terms of a typical IMPLAN analysis, a job that lasts 6 months would be considered ½ (0.50) of a job, while one that lasts 3 months would be considered ¼ (0.25) of a job. Notably, IMPLAN’s analysis normally includes both full-time equivalent (“FTE”) jobs and part-time jobs, which can overstate the number of FTE jobs generated by a development project. In order to compensate for that factor, DTA applies a discounting factor provided by IMPLAN that varies by industry and can be used to reduce the number of direct jobs generated by IMPLAN in our Study so that it represents the equivalent of the number of FTE direct jobs. The indirect and induced full-time/part-time job estimates for the Project were derived by DTA utilizing the IMPLAN Study Model. While the specific location of the additional indirect jobs created within the County and City cannot be definitively determined, experience and modeling indicate that a large percentage of these jobs will be support service jobs. These jobs are also likely to be located close to the Project and, therefore, within the County itself, with an estimated 50% of those jobs to be located within the City. Similarly, the Project’s jobs will lead to more consumer spending by employees patronizing existing retail establishments within the County and City, as well as new retail development that will be attracted to the County and City as a result of this spending. Job creation also results in increased tax revenues to the County and City through increased property taxes and sales taxes related to this new development. Exhibit 10 City Council 26 – 409 10/1/2024 5 City of Santa Ana September 27, 2023 Economic Impacts Resulting from the Proposed Related Bristol Specific Plan However, because of potential differences in the timing of the build-out of the Project, the number of employees summarized above will likely not be realized at the same time. Notably, it is possible that the build-out of the Project will occur over more than one year and the demand for some elements of the Project may fluctuate over time. “Total Economic Output” represents the total value of all goods and/or services produced throughout a designated economy during a specified period of time, including Labor Income, Other Value Added, and the cost of Intermediate Inputs. Each of these components are defined below. “Labor Income” includes employee compensation (wages and benefits) and payments received by self-employed individuals and unincorporated business owners; “Other Value Added” encompasses other property income, such as the consumption of capital investment, profits, royalties, dividends, interest impacts, and taxes on production and imports; and “Intermediate Inputs” include purchases of non-durable goods and services used for the production of other goods and services within a project, rather than for final consumption. Intermediate Inputs equal the Total Economic Output minus the sum of Labor Income and Other Value Added. Similar to the indirect and induced job estimates, the specific location of the additional indirect and induced Labor Income, Other Value Added, and Intermediate Inputs created within the County and City cannot be definitively determined. Since 50% of the additional indirect and induced jobs are assumed to be located close to the Project and within the City as previously discussed, DTA estimated that 50% of those additional indirect and induced economic outputs will be located within the City. D One-time Economic Impacts of the Project As reflected in Table 2, the one-time economic impacts from the construction of the Project on the City will be significant. First, the Project is anticipated to create 13,869 FTE construction jobs on-site during its overall construction period. In addition, the Project is expected to generate 2,965 indirect and induced full-time/part-time jobs off-site within the City, for a total of 16,834 one-time jobs within the City. The total Labor Income associated with these added employees will equal $1,269.1 billion directly on-site, plus $210.6 million off-site but within the City, for a total increase in Labor Income of $1.5 billion Citywide on a one-time basis. Finally, adding in $526.6 million in Other Value-Added revenues and $667.3 million in Intermediate Inputs yields a total one-time Citywide economic output for the Project of $2.67 billion, which represents a significant boost for construction within the City. Notably, the one-time construction output represents the aggregate outputs generated during the overall Project construction period, which could span over more than one year. Please see Attachment 1-A of this memorandum for the projected one-time economic impacts generated by each phase of the Project construction. Exhibit 10 City Council 26 – 410 10/1/2024 6 City of Santa Ana September 27, 2023 Economic Impacts Resulting from the Proposed Related Bristol Specific Plan Table 2: Project’s One-Time/Construction Impacts on the City (DTA EIA) One-Time/Construction Impacts Direct Indirect/Induced Total Employment 13,869 2,965 16,834 Overall Economic Output $2,091,942,500 $581,697,147 $2,673,639,647 Labor Income $1,269,139,520 $210,631,484 $1,479,771,004 Other Value Added $370,036,466 $156,577,043 $526,613,510 Intermediate Inputs $452,766,514 $214,488,620 $667,255,134 Note: All numbers are subject to rounding. The Related EIA estimated aggregate one-time economic impacts of $2,863,156,000 on the City, approximately 7% greater than DTA’s projection. The difference in the impact projection may be attributable to small variations in the IMPLAN economic data set and location assumptions for indirect/induced impacts utilized in Related EIA, as compared with the DTA EIA. But overall, the results of the Related EIA regarding economic impacts of the Project were very close to those determined in the DTA EIA., E Recurring Economic Impacts of the Project As shown in Table 3, the annual recurring economic impacts of the Project on the City will be substantial. First, the Project is anticipated to create 1,302 permanent FTE jobs on-site. In addition, the Project is expected to generate 284 permanent recurring indirect and induced full-time/part-time jobs off-site within the City, for a total of 1,586 jobs. As the City’s total current workforce consists of 141,543 employees, FTE and part-time employees holding these additional jobs will constitute a 1.12% increase in the size of the City’s current workforce. The total Labor Income associated with these new jobs will equal $71.2 million generated annually directly on-site, plus $21.5 million off-site Citywide, for a total increase in Labor Income of $92.7 million annually within the City. Finally, adding in $159.8 million in Other Value-Added revenues and $84.8 million in Intermediate Inputs yields a total recurring Citywide economic output of $337.2 million per year from the Project, which represents a considerable boost to the City’s economy. Please see Attachment 1-B of this memorandum for the projected annual recurring economic impacts generated by each land use of the Project. Table 3: Project’s Total Recurring Annual Impacts on the City (DTA EIA) Recurring Annual Impacts Direct Indirect/Induced Total Employment 1,302 284 1,586 Overall Economic Output $279,254,889 $57,963,903 $337,218,792 Labor Income $71,197,956 $21,471,254 $92,669,210 Other Value Added $145,851,647 $13,917,290 $159,768,937 Intermediate Inputs $62,205,285 $22,575,360 $84,780,645 Note: All numbers are subject to rounding. F Job-Housing Balance The jobs-housing balance is an indicator of the relative equilibrium between employment and housing opportunities in a given area. A positive balance between jobs and housing has a beneficial impact on a municipality by decreasing costs associated with commuting Exhibit 10 City Council 26 – 411 10/1/2024 7 City of Santa Ana September 27, 2023 Economic Impacts Resulting from the Proposed Related Bristol Specific Plan and traffic congestion. It also reduces commute times, improves local social, cultural and family involvement, provides a more attractive work/life balance to residents, and generates savings to local public agencies in terms of the need to construct and maintain new road improvements and other facilities. As reflected in Table 4 and Figure 4, the City’s current ratio of jobs within the City as compared with the number of housing units Citywide is 1.725, as compared with a Statewide average of 1.260. The addition of 1,586 new jobs through the construction of the Project would decrease the jobs/housing ratio modestly to 1.664, as the 3,750 new housing units incorporated in the Project are greater than the 1,586 permanent recurring jobs to be generated by the Project. As noted previously, the Related EIA did not evaluate the permanent recurring economic impacts of the Project, so no comparison with the DTA EIA was necessary. Table 4: Pre-Project and Post-Project Jobs -Housing Balance (DTA EIA) Description Citywide Average Statewide Average Pre-Project Post-Project Number of Jobs 141,543 1 143,129 18,536,600 Number of Housing Units 82,058 86,008 14,711,648 Existing2 82,058 82,058 14,707,698 New N/A 3,750 3,750 Jobs-Housing Balance 1.725 1.664 1.260 Figure 4: Pre-Project and Post-Project Jobs -Housing Balance If you have any further questions regarding any of the issues raised in this memorandum, please feel free to contact David Taussig or Jerry Wen at (800) 969-4DTA. Enclosures: 1. Attachment 1 – DTA EIA 1 Spotlight by Environics Analytics, Employment Profiles by NAICS Code 2022. 2 Labor Market Information Division, State of California Employment Development Department. Exhibit 10 City Council 26 – 412 10/1/2024 ATTACHMENT 1 City of Santa Ana Related Bristol Specific Plan DTA ECONOMIC IMPACT ANALYSIS (“DTA E IA”) Exhibit 10 City Council 26 – 413 10/1/2024 Attachment 1-A Proposed Related Bristol Specific Plan City of Santa Ana One-time Economic Impact (2023$) Per Employee Aggregate Phase One Construction County 9,288.37 $85,336 $792,630,738 $307,850,304 $437,283,809 $1,537,764,851 Direct 6,484.00 $91,293 $591,945,261 $159,179,588 $231,967,651 $983,092,500 Indirect 702.98 $82,561 $58,039,101 $37,315,961 $57,991,211 $153,346,273 Induced 2,101.39 $67,882 $142,646,376 $111,354,755 $147,324,947 $401,326,078 City 7,886.19 $87,785 $692,288,000 $233,514,946 $334,625,730 $1,260,428,675 Direct 6,484.00 $91,293 $591,945,261 $159,179,588 $231,967,651 $983,092,500 Indirect1 351.49 $82,561 $29,019,550 $18,657,980 $28,995,606 $76,673,136 Induced1 1,050.70 $67,882 $71,323,188 $55,677,378 $73,662,473 $200,663,039 Phase Two Construction County 3,934.69 $85,406 $336,045,553 $138,560,692 $170,052,609 $644,658,854 Direct 2,761.00 $91,631 $252,993,035 $76,709,353 $85,689,112 $415,391,500 Indirect 282.77 $79,837 $22,574,996 $14,640,658 $21,902,382 $59,118,037 Induced 890.93 $67,882 $60,477,522 $47,210,680 $62,461,114 $170,149,317 City 3,347.85 $87,973 $294,519,294 $107,635,022 $127,870,860 $530,025,177 Direct 2,761.00 $91,631 $252,993,035 $76,709,353 $85,689,112 $415,391,500 Indirect1 141.38 $79,837 $11,287,498 $7,320,329 $10,951,191 $29,559,019 Induced1 445.46 $67,882 $30,238,761 $23,605,340 $31,230,557 $85,074,658 Phase Three Construction County 6,576.12 $85,419 $561,726,197 $236,779,557 $274,407,336 $1,072,913,090 Direct 4,624.00 $91,739 $424,201,223 $134,147,526 $135,109,751 $693,458,500 Indirect 462.86 $78,710 $36,431,570 $23,715,422 $34,888,419 $95,035,410 Induced 1,489.26 $67,882 $101,093,404 $78,916,609 $104,409,167 $284,419,180 City 5,600.06 $88,028 $492,963,710 $185,463,541 $204,758,544 $883,185,795 Direct 4,624.00 $91,739 $424,201,223 $134,147,526 $135,109,751 $693,458,500 Indirect1 231.43 $78,710 $18,215,785 $11,857,711 $17,444,209 $47,517,705 Induced1 744.63 $67,882 $50,546,702 $39,458,305 $52,204,583 $142,209,590 Grand Total - County 19,799.18 $85,377 $1,690,402,488 $683,190,553 $881,743,754 $3,255,336,795 Grand Total - City 16,834.09 $87,903 $1,479,771,004 $526,613,510 $667,255,134 $2,673,639,647 1 Assumes 50% of County's indirect/induced impacts will be created within the City. Total Output Impact Employment Labor Income Other Value Added Intermediate Expenditures Page 1 of 1Exhibit 10 City Council 26 – 414 10/1/2024 Attachment 1-B Proposed Related Bristol Specific Plan City of Santa Ana Recurring Economic Impact (2023$) Per Employee Aggregate Senior Living County 167.37 $66,601 $11,146,788 $3,571,752 $7,130,751 $21,849,292 Direct 116.00 $65,956 $7,650,917 $1,313,398 $3,515,686 $12,480,000 Indirect 22.65 $68,204 $1,544,500 $732,559 $1,600,041 $3,877,101 Induced 28.72 $67,941 $1,951,371 $1,525,796 $2,015,024 $5,492,191 City 141.68 $66,337 $9,398,852 $2,442,575 $5,323,219 $17,164,646 Direct 116.00 $65,956 $7,650,917 $1,313,398 $3,515,686 $12,480,000 Indirect1 11.32 $68,204 $772,250 $366,280 $800,021 $1,938,550 Induced1 14.36 $67,941 $975,685 $762,898 $1,007,512 $2,746,096 Apartment County 215.76 $70,613 $15,235,848 $121,812,613 $12,632,928 $149,681,389 Direct 148.00 $66,100 $9,782,733 $118,195,758 $7,021,509 $135,000,000 Indirect 25.61 $101,386 $2,596,123 $1,393,560 $2,659,746 $6,649,429 Induced 42.16 $67,768 $2,856,992 $2,223,295 $2,951,673 $8,031,960 City 181.88 $68,777 $12,509,290 $120,004,186 $9,827,218 $142,340,695 Direct 148.00 $66,100 $9,782,733 $118,195,758 $7,021,509 $135,000,000 Indirect1 12.80 $101,386 $1,298,062 $696,780 $1,329,873 $3,324,715 Induced1 21.08 $67,768 $1,428,496 $1,111,648 $1,475,836 $4,015,980 Grocery County 183.96 $60,600 $11,148,053 $5,520,489 $9,188,286 $25,856,828 Direct 131.00 $55,683 $7,294,535 $2,964,762 $5,066,613 $15,325,910 Indirect 23.19 $79,013 $1,832,458 $977,515 $2,034,397 $4,844,370 Induced 29.77 $67,893 $2,021,059 $1,578,212 $2,087,276 $5,686,548 City 157.48 $58,555 $9,221,294 $4,242,625 $7,127,449 $20,591,369 Direct 131.00 $55,683 $7,294,535 $2,964,762 $5,066,613 $15,325,910 Indirect1 11.60 $79,013 $916,229 $488,758 $1,017,198 $2,422,185 Induced1 14.88 $67,893 $1,010,530 $789,106 $1,043,638 $2,843,274 Fitness County 17.45 $47,897 $835,925 $335,010 $819,194 $1,990,129 Direct 13.00 $39,423 $512,503 $106,773 $444,400 $1,063,676 Indirect 2.28 $77,113 $176,002 $112,999 $222,560 $511,561 Induced 2.17 $67,931 $147,420 $115,238 $152,234 $414,892 City 15.23 $44,280 $674,214 $220,892 $631,797 $1,526,903 Direct 13.00 $39,423 $512,503 $106,773 $444,400 $1,063,676 Indirect1 1.14 $77,113 $88,001 $56,499 $111,280 $255,780 Induced1 1.09 $67,931 $73,710 $57,619 $76,117 $207,446 Total Output Labor IncomeLand Use/ Impact Employment Other Value Added Intermediate Expenditures Page 1 of 3 Exhibit 10 City Council 26 – 415 10/1/2024 Attachment 1-B Proposed Related Bristol Specific Plan City of Santa Ana Recurring Economic Impact (2023$) Per Employee Aggregate Total Output Labor IncomeLand Use/ Impact Employment Other Value Added Intermediate Expenditures Full-Service Restaurant County 282.66 $55,215 $15,607,045 $7,936,087 $15,408,912 $38,952,044 Direct 205.00 $46,578 $9,548,505 $4,077,201 $9,124,294 $22,750,000 Indirect 36.75 $89,265 $3,280,317 $1,688,322 $3,415,525 $8,384,164 Induced 40.91 $67,912 $2,778,223 $2,170,564 $2,869,094 $7,817,880 City 243.83 $51,584 $12,577,775 $6,006,644 $12,266,603 $30,851,022 Direct 205.00 $46,578 $9,548,505 $4,077,201 $9,124,294 $22,750,000 Indirect1 18.37 $89,265 $1,640,158 $844,161 $1,707,762 $4,192,082 Induced1 20.45 $67,912 $1,389,111 $1,085,282 $1,434,547 $3,908,940 Quick-Service Restaurant County 507.07 $53,405 $27,079,721 $17,168,095 $38,086,559 $82,334,374 Direct 341.00 $41,940 $14,301,586 $8,853,328 $24,095,086 $47,250,000 Indirect 94.75 $83,756 $7,935,672 $4,532,746 $8,990,442 $21,458,860 Induced 71.32 $67,899 $4,842,462 $3,782,021 $5,001,031 $13,625,514 City 424.03 $48,795 $20,690,654 $13,010,711 $31,090,822 $64,792,187 Direct 341.00 $41,940 $14,301,586 $8,853,328 $24,095,086 $47,250,000 Indirect1 47.37 $83,756 $3,967,836 $2,266,373 $4,495,221 $10,729,430 Induced1 35.66 $67,899 $2,421,231 $1,891,010 $2,500,516 $6,812,757 Neighborhood Retail County 114.98 $58,598 $6,737,583 $3,811,706 $5,786,156 $16,335,445 Direct 83.00 $50,496 $4,191,198 $2,288,355 $3,266,795 $9,746,348 Indirect 14.58 $93,550 $1,364,252 $598,774 $1,298,703 $3,261,729 Induced 17.40 $67,951 $1,182,133 $924,576 $1,220,658 $3,327,368 City 98.99 $55,201 $5,464,390 $3,050,031 $4,526,476 $13,040,896 Direct 83.00 $50,496 $4,191,198 $2,288,355 $3,266,795 $9,746,348 Indirect1 7.29 $93,550 $682,126 $299,387 $649,351 $1,630,865 Induced1 8.70 $67,951 $591,066 $462,288 $610,329 $1,663,684 Neighborhood Services County 254.56 $73,787 $18,783,249 $7,010,022 $10,749,019 $36,542,290 Direct 182.00 $73,642 $13,402,932 $3,358,441 $5,238,627 $22,000,000 Indirect 23.69 $86,996 $2,061,183 $1,057,700 $2,082,796 $5,201,679 Induced 48.87 $67,922 $3,319,133 $2,593,881 $3,427,596 $9,340,610 City 218.28 $73,727 $16,093,090 $5,184,231 $7,993,823 $29,271,145 Direct 182.00 $73,642 $13,402,932 $3,358,441 $5,238,627 $22,000,000 Indirect1 11.85 $86,996 $1,030,592 $528,850 $1,041,398 $2,600,840 Induced1 24.43 $67,922 $1,659,567 $1,296,940 $1,713,798 $4,670,305 Page 2 of 3 Exhibit 10 City Council 26 – 416 10/1/2024 Attachment 1-B Proposed Related Bristol Specific Plan City of Santa Ana Recurring Economic Impact (2023$) Per Employee Aggregate Total Output Labor IncomeLand Use/ Impact Employment Other Value Added Intermediate Expenditures Hotel County 125.61 $60,235 $7,566,253 $6,520,453 $7,554,198 $21,640,905 Direct 83.00 $54,374 $4,513,047 $4,693,632 $4,432,276 $13,638,955 Indirect 22.92 $74,838 $1,715,471 $780,941 $1,740,536 $4,236,948 Induced 19.69 $67,938 $1,337,735 $1,045,880 $1,381,386 $3,765,002 City 104.31 $57,903 $6,039,650 $5,607,042 $5,993,237 $17,639,930 Direct 83.00 $54,374 $4,513,047 $4,693,632 $4,432,276 $13,638,955 Indirect 11.46 $74,838 $857,736 $390,471 $870,268 $2,118,474 Induced 9.85 $67,938 $668,867 $522,940 $690,693 $1,882,501 Grand Total - County 1,869.42 $61,057 $114,140,464 $173,686,227 $107,356,004 $395,182,695 Grand Total - City 740.10 $59,967 $44,381,426 $159,768,937 $84,780,645 $337,218,792 1 Assumes 50% of County's indirect/induced impacts will be created within the City. Page 3 of 3 Exhibit 10 City Council 26 – 417 10/1/2024 www.FinanceDTA.com Irvine | San Jose | San Francisco | Riverside | Dallas | Houston | Raleigh | Tampa SUMMARY MEMORANDUM September 27, 20 23 To: Jeremy Krout, EPD Solutions From: David Taussig and Jerry Wen, DTA Subject: Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan The intent of this memorandum is to provide a peer review of a fiscal impact analysis (“FIA”) prepared on behalf of Related California (“Related”) for its proposed Related Bristol Specific Plan (the “Specific Plan,” or the “Project”) being proposed in the City of Santa Ana (the “City”), located in the County of Orange, California (the “County”). Related submitted an FIA (the “Related FIA”) to the City dated February 7, 2023, that was prepared by The Natelson Dale Group, Inc., to evaluate the projected fiscal impact to the City’s General Fund that would result from the development of the Project. EPD Solutions has engaged DTA on behalf of the City to peer review the Related FIA. As part of its review process, DTA prepared its own FIA (the “DTA FIA”) to evaluate the conclusions presented in the Related FIA. The specific purpose of the DTA FIA is (i) to determine whether the Project will generate sufficient revenues to cover the costs of all of the public services typically financed by the City’s General Fund and (ii) to summarize the major differences between the assumptions utilized and the conclusions reached by the two FIAs. For purposes of this memorandum, DTA focused on the fiscal impacts of the proposed Project, rather than the fiscal impacts of the existing development on the Project site. A Description of the Project Site and Project Use As depicted in Figure 1, the 41.1-acre Project site located at 3600 South Bristol Street is currently the site of 465,063 existing building square feet (“BSF”) of predominately retail and restaurant uses, with some medical office, financial, and fitness uses. Figure 1: Project Site Exhibit 10 City Council 26 – 418 10/1/2024 2 City of Santa Ana September 27, 2023 Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan Related proposed the Specific Plan to replace the existing General Commercial (“C2”) and Regional Commercial (“CR”) zoning on the Project site, demolish the existing shopping center and related infrastructure, and redevelop the Project site into a mixed-use development of for-rent residential units, retail and service uses, and a hotel. A summary of the proposed land uses and their respective associated residential dwelling unit and non- residential square footage parameters within the Project are listed below in Table 1. Table 1: Proposed Land Uses for the Project Land Uses Dwelling Units (“DUs”), Hotel Rooms (“RMs”), and BSF Residential Land Uses 3,950 DUs Senior Living 200 DUs Apartments 3,750 DUs Non-R esidential Land Uses 350,000 BSF/250 RMs Grocery 50,000 BSF Fitness 45,000 BSF Restaurant 70,000 BSF Neighborhood Retail 75,000 BSF Neighborhood Services 110,000 BSF Hotel 250 RMs B Analytic Methodology and Assumptions Notably, only recurring revenues and costs are analyzed in both of the FIAs. Costs that are considered non-recurring, such as capital expenditures, are excluded from both analyses. This is because new development is generally required to construct its own new capital improvements, such as roads or parks, or pay Development Impact Fees (“DIFs”) that enable the City or some other developer to construct these improvements. As capital construction costs and DIFs are considered to be “one-time” costs that will not recur, there is no expectation that new development will need to pay for these capital expenditures or DIFs a second time. In sum, the FIAs reflect the projected recurring annual fiscal deficit or fiscal surplus to the City’s General Fund that will result from the development of the Project. Unless otherwise noted in the text below, DTA utilized many of the same analytical assumptions that were employed in the Related FIA. DTA has not, to date, been provided with an alternative set of Project land uses, residential rents, product absorption schedules or other assumptions that contradict some of the Related FIA’s assumptions. As such, DTA included most of these Related FIA assumptions in the DTA FIA. If City staff questions any of these assumptions, DTA could revise its fiscal analysis to reflect other assumptions that the City feels are more realistic. However, the DTA FIA did identify some assumptions in the Related FIA that might be questionable, and these assumptions were modified for purposes of the DTA FIA, thereby resulting in a significantly smaller Project annual fiscal surplus as compared with the Related FIA. Listed below are the revisions incorporated in the DTA FIA that varied from those employed in the Related FIA. Exhibit 10 City Council 26 – 419 10/1/2024 3 City of Santa Ana September 27, 2023 Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan General Fund Budget: In analyzing the City’s General Fund budget, the Related FIA calculated the average revenues/costs per Person Served based on the Fiscal Year (“FY”) 2021-22 General Fund budget. As the City’s General Fund budget for FY 2022-23 is now available, DTA analyzed the costs and revenues in the latter budget, which represents an update of the budget utilized in the Related FIA Discounted Revenues: The Related FIA made assumptions regarding fixed costs versus variable costs in the City’s General Fund budget, based on the premise that certain portions of the City’s expenditures are fixed costs that will not vary based on the development of the Project, while other portions of the City’s expenditures are variable and will increase as a result of the Project. On the other hand, the Related FIA chose not to discount any General Fund revenues, and therefore did not incorporate potential discounts in revenues that are unlikely to grow on a 1 to 1 basis with the Project’s development. DTA took a more realistic approach by applying 15% to 90% discount rates to various General Fund revenues to estimate the ratio of fixed revenues, such as franchise fees and businesses licenses. In addition, a 100% discount was applied to money and property use revenues, miscellaneous revenues, and the commercial cannabis tax, as these revenues are not anticipated to increase significantly as a result of the construction of the Project. The revenue discounts applied in the DTA FIA are listed in Attachment 1-A of this memorandum. As noted previously, these discounted revenue assumptions differ from the revenue assumptions made within the Related FIA, as no City General Fund revenue streams were discounted in the Related FIA. Intergovernmental Revenues: DTA applied a 100% discount to the intergovernmental revenues received by the City. Based on DTA’s experience, the allotment of intergovernmental revenues generally involves complex socioeconomic and demographic factors that are difficult to forecast and often have no relationship to the amount of new development that is being constructed. General Government Overhead Costs: As listed in Attachment 1-K the marginal increase in the general government overhead costs associated with the additional non-general government expenditures incurred by new development is assumed to be 75%, which means a 25% discount was applied to these overhead costs. Discounting Expenditures: Certain service costs are not expected to increase one-to-one with new development. Thus, a 15% discount rate was applied to various General Fund expenditures to reflect the estimated ratio of fixed expenditures (not impacted by future development) to variable expenditures, as reflected in Attachment 1-B. Notably, DTA has conservatively assumed that no discount factors would be applied to public safety and public works expenditures as a result of the Project. In contrast, the Related FIA applied 10% to 40% discount rates to these expenditures, as well as others. The validity of these DTA’s discounts versus Related’s discounts could be analyzed by City staff to ensure that they are properly assigned to the City’s costs. Exhibit 10 City Council 26 – 420 10/1/2024 4 City of Santa Ana September 27, 2023 Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan Residential Population: For apartment and senior housing development, the Related FIA assumed an average household size of 1.73 and 1.50 persons respectively, without citing the source of those metrics. As detailed in Attachment 1-C, DTA utilized the following metrics in estimating the residential population for the Project at its build-out. Apartments: Household size for residential use generally correlates with its dwelling size. The Capital Facilities Capacity Charges (“CFCC”) for the Orange County Sanitation District established a base charge of $5,719 for a three-bedroom single-family home, with the rates for other residential uses adjusted by their respective dwelling size as compared to a typical three-bedroom single-family home. Assuming that the apartments will be comprised of 50% two- bedroom units, 25% three-bedroom units and 25% studio units, the blended CFCC rate is estimated at $3,174, which is 55.5% of the base rate. According to the California Department of Finance, the average household size in the City is estimated at 3.72 as of January 1, 2023. Applying the 55.5% factor to the current Citywide average household yields an estimated average household size of 2.06 persons for the Project’s apartments. Senior Housing: According to the Administration for Community Living, a division within the U.S. Department of Health and Human Services, 69% of seniors live with their spouse, with the remaining 31% living alone. Based on those ratios, the average household size for a senior housing unit is estimated at 1.69 persons. Hotel Guests: DTA conservatively included daily hotel guests as part of the Persons Served population when estimating the City’s public safety costs related to the Project. A hotel guest is typically assumed to be equivalent to 50% of a resident, given that they would spend only 8 active hours in the City per day versus a resident who is active for 16 hours per day. Tax Sharing (Secured Property Taxes): Property tax revenue estimates were derived using apportionment factors provided by the County Auditor- Controller as applied to the general 1% ad valorem property tax levy. As presented in Attachment 1-D, total secured property tax revenues received by the City from the proposed Project will equal approximately 19.08% of the basic 1% ad valorem tax rate [Proposition (“Prop”) 13], net of the projected Education Revenue Augmentation Fund (“ERAF”) property tax shifts. The Related FIA utilized an allocation factor of 19.3%. Property Tax In Lieu of Vehicle License Fees (“VLFs”): Per California Revenue and Taxation Code §97.70, the property tax in lieu of VLF amount now increases in proportion to the growth rate of the Citywide gross assessed valuation of taxable property from the prior fiscal year. As listed in Attachment 1-D, property taxes in lieu of VLF revenues constitute an addition to other property tax apportionments and were calculated for the purposes Exhibit 10 City Council 26 – 421 10/1/2024 5 City of Santa Ana September 27, 2023 Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan of DTA FIA at $1.23 per $1,000 increase in assessed valuation on a Citywide basis, whereas the Related FIA assumed $0.96 per $1,000 increase. Taxable Sales per BSF: The Related FIA estimated average taxable sales of $400 per BSF for retail commercial uses. Given that fitness and neighborhood service uses will generate a de minimis amount of taxable sale receipts, and that only approximately 35% of grocery store sales are taxable, DTA utilized the following metrics in calculating taxable sale receipts as listed in Attachment 1-E. Grocery: A taxable sales of $315 per BSF is utilized based on the gross sales of $900 per BSF and 35% of such sales being taxable. Restaurant: A taxable sales factor of $1,000 per BSF is utilized assuming that restaurant use will be comprised of an equal percentage of fast-service and full-service restaurants, with fast- service and full-service restaurants generating $1,350 and $650 taxable sales per BSF, respectively. Neighborhood Retail: Based on the market research performed by DTA, a taxable sale of $400 per BSF is utilized. Indirect Sales Tax: As detailed in Attachment 1-E, DTA utilized the 2021 Consumer Expenditure Survey published by the U.S. Bureau of Labor Statistics to estimate the annual household taxable retail spending, and the Office Worker Retail Spending in a Digital Age published by ICSC to estimate the annual spending on lunch by on-site employees. The Related FIA did not provide details on the source of the taxable sales receipts generated by on- site residents and employees that were utilized in their FIA. Measure X Sales Tax: In November 2018, the City’s voters approved Measure X, a local 1.5% sales tax rate that became effective April 1, 2019, to provide funding for neighborhood safety, homeless prevention, and essential City services enhancement. Measure X rate will decrease to 1% in 2029 and sunset in 2039. Given that build-out of the Project is expected to occur after 2029, DTA assumed that the revenues to be provided by the Measure X sales tax at the Project’s build-out will only be 1%. In contrast, the Related FIA utilized the current 1.5% rate for its Measure X sales tax projections at buildout. C FIA Conclusion Comparison As listed in Table 1, the overall net fiscal impact associated with the Project's build-out is projected to generate an annual recurring fiscal surplus to the City's General Fund under both the Related FIA and DTA FIA. However, DTA methodology projects a significantly lower annual recurring fiscal surplus of $3,394,298 per year, versus the Related FIA’s recurring fiscal surplus of $8,768,999 per year. The Related FIA actually projects a surplus of over $10,710,000 annually in its Executive Summary (Table 2-1) and its Net Fiscal Impact Table (Table 3-1), but DTA took the liberty of increasing police department costs in the Related FIA from $176,498 to $2,117,587, as the latter figure was listed as the total Project police costs in Table A-15b of the Related FIA, but then was replaced by a much lower figure ($176,498) in the tables in which net fiscal impacts were calculated. DTA assumed that the Exhibit 10 City Council 26 – 422 10/1/2024 6 City of Santa Ana September 27, 2023 Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan use of the much lower cost estimate for police services in the Related FIA was probably based on an analysis error. Table 1: Comparison of Project’s Net Fiscal Impacts in Related FIA Versus DTA FIA Fiscal Impact Category Related FIA DTA FIA Difference Recurring General Fund Revenues Secured Property Tax $3,901,013 $3,856,860 ($44,153) Property Transfer Tax $76,706 $76,707 $1 Property Tax In Lieu of Vehicle License Fee $1,938,257 $2,359,024 $420,767 Direct Sales Tax $3,500,000 $1,521,111 ($1,978,889) Indirect Sales Tax $805,729 $504,963 ($300,766) Transient Occupancy Tax $1,899,095 $1,899,095 $0 Utility User's Tax Not Included $697,867 $697,867 Business Licenses $133,043 $142,507 $9,464 Franchise Fees $231,100 $223,081 ($8,019) Charges for Services $284,429 $204,276 ($80,153) Licenses and Permits $115,987 $36,899 ($79,088) Fines and Forfeitures $109,703 $111,141 $1,438 Adult-Use Retail Business Cannabis Tax Not Included $45,503 $45,503 Medical Marijuana Taxes Not Included $2,040 $2,040 Intergovernmental 160,109 $0 ($160,109) Miscellaneous $147,762 $0 ($147,762) Investment Income Not Included $10,041 $10,041 Total Recurring Revenues $13,302,933 $11,691,114 ($1,611,818) Recurring General Fund Expenditures Police Department $2,117,5871 $3,522,628 $1,405,041 Fire Department $879,670 $1,331,278 $451,608 Public Works $178,495 $1,162,236 $983,741 Park, Recreation & Community Services $440,846 $276,301 ($164,545) Community Development $44,287 $161,700 $117,413 Library & Museum $138,906 $187,689 $48,783 General Government $734,143 $1,655,034 $920,891 Total Recurring Expenditures $4,533,9341 $8,296,866 $3,762,932 Net Fiscal Impact to General Fund Total Annual Recurring Surplus/(Deficit) $8,768,9991 $3,394,248 ($5,374,751) Total Annual Revenue/Expenditure Ratio 2.93 1.41 N/A Note: 1 The total recurring General Fund expenditures and net fiscal impact listed in the Related FIA appeared to be incorrect due to an apparent mistaken entry in the projected police expenditures row of the Net Fiscal Impact Table ($2,117,587 in Table A-15b vs. $176,498, with the latter number actually representing the projected expenditures the City’s Planning and Building Agency, as listed in many of the Related FIA’s tables). Exhibit 10 City Council 26 – 423 10/1/2024 7 City of Santa Ana September 27, 2023 Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan D Fiscal Impact of Sunset of Measure X Sales Tax As discussed in Section B, above, the Measure X sales tax will expire in 2039 unless it is put to another vote by the City in that year. However, based on the DTA FIA’s calculations, the Project is still anticipated to generate an annual recurring fiscal surplus of $2,518,778 even if Measure X is no longer in effect. If you have any further questions regarding the issues raised in this memorandum, please feel free to contact David Taussig or Jerry Wen at (800) 969-4DTA. Enclosures: 1. Attachment 1 – DTA FIA Exhibit 10 City Council 26 – 424 10/1/2024 ATTACHMENT 1 City of Santa Ana Related Bristol Specific Plan DTA FISCAL IMPACT ANALYSIS (“DTA FIA”) Exhibit 10 City Council 26 – 425 10/1/2024 ATTACHMENT 1-A SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN CITY FUND REVENUES (BY TYPE) I Demographics and Other Data 2023 Estimated City Population [1]299,630 2023 Estimated City Employees [2]141,545 2023 Persons Served Population [3]370,403 Notes: [1] California Department of Finance, Housing and Population Information, January 1, 2023. [2] Environics Analytics, EmploymentProfiles by NAICS Codes 2023 for the City of Santa Ana. II City Revenue Sources (by Type) Total Revenues Revenue Type Fiscal Impact Basis Discount Fiscal Impact Revenue Factor Tax Revenue $243,978,100 Persons Served $0.00 Property Tax - Exclude In-Lieu of VLF $44,493,000 Recurring Case Study 0% NA Transient Occupancy Taxes $8,500,000 Recurring Case Study 0% NA Utility Users Tax $24,400,000 Recurring Case Study 0% NA Sales Tax $64,550,000 Recurring Case Study 0% NA Prop 172 Sales Tax $2,718,100 Recurring Case Study 0% NA Measure X Sales Tax $88,102,000 Recurring Case Study 0% NA Documentary Stamp Tax $1,085,000 Recurring Case Study 0% NA Santa Ana Residual $10,130,000 Recurring Case Study 0% NA Business Licenses $15,000,000 Recurring Per Employee 15% $90.08 Franchise Fees $10,960,100 Recurring Persons Served 15% $25.15 Interest Income $475,000 Recurring Case Study 0% NA Charges for Services $10,036,300 Recurring Persons Served 15% $23.03 Building/Planning/Engineering Fees $8,048,600 Recurring NA 100% NA Licenses and Permits $1,814,680 Recurring Persons Served 15% $4.16 VLF/Property Tax Compensation $39,800,000 Recurring Case Study 0% NA Fines and Forfeitures $5,461,370 Recurring Persons Served 15% $12.53 Intergovernmental $7,183,190 Recurring NA 100% NA Use of Money and Property $16,799,710 Recurring Persons Served 100% $0.00 Other / Miscellaneous $8,375,890 Recurring Persons Served 100% $0.00 Adult-Use Retail Business Cannabis Tax $19,000,000 Recurring Persons Served 90% $5.13 Commercial Cannabis Tax $2,350,000 Recurring Persons Served 100% $0.00 Medical Marijuana Taxes $850,000 Recurring Persons Served 90% $0.23 $390,132,940 NA NA NA NA $390,132,940 NA NA NA NA Total Recurring Revenues [3] Assumes City population plus 50% of employees. Revenue Type Total Revenues Exhibit 10 City Council 26 – 426 10/1/2024 ATTACHMENT 1-B SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN CITY FUND EXPENDITURES (BY TYPE) I Demographics and Other Data 2023 Estimated City Population [1]299,630 2023 Estimated City Employees [2]141,545 2023 Persons Served Population [3]370,403 Notes: [1] California Department of Finance, Housing and Population Information, January 1, 2023. [2] Environics Analytics, EmploymentProfiles by NAICS Codes 2023 for the City of Santa Ana. [3] Assumes City population plus 50% of employees. II City Expenditures (by Type) Total Expenditures Expenditure Type Fiscal Impact Basis Discount Fiscal Impact Expenditure Factor General Government City Council $1,029,860 Recurring Case Study NA NA City Clerk's Office $1,935,720 Recurring Case Study NA NA City Manager's Office $2,904,040 Recurring Case Study NA NA City Attorney's Office $3,584,860 Recurring Case Study NA NA Planning and Building $19,545,470 Recurring Case Study NA NA Financial & Management Services $11,713,490 Recurring Case Study NA NA Human Resources $3,884,170 Recurring Case Study NA NA Non-Departmental $47,103,560 Recurring Case Study NA NA Non-General Government Police Department $142,772,990 Recurring Persons Served 0% $385.45 Fire Department $53,956,950 Recurring Persons Served 0% $145.67 Public Works $48,533,650 Recurring Persons Served 0% $131.03 Park, Recreation & Community Services $13,574,280 Recurring Persons Served 15% $31.15 Community Development $7,944,600 Recurring Persons Served 15% $18.23 Library $6,680,310 Recurring Persons Served 15% $15.33 Museum $2,542,320 Recurring Persons Served 15%$5.83 $367,706,270 NA NA NA NA $367,706,270 NA NA NA NATotal Recurring Expenditures Expenditure Type Total Expenditures Exhibit 10 City Council 26 – 427 10/1/2024 ATTACHMENT 1-C SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN LAND USE AND DEMOGRAPHICS SUMMARY I Developable Land Use Description Number of Dwelling A Projected Residential Land Uses Units ("DUs") [1] Senior Living 200 Apartment 3,750 Building Sq. Ft. ("BSF")/ B Projected Non-Residential Land Uses Hotel Rooms ("RM") [1] Grocery 50,000 Fitness 45,000 Restaurant 70,000 Neighborhood Retail 75,000 Neighborhood Services 110,000 Hotel 250 I Residential Land Use Population A Projected Residential Land Uses Persons per Household Senior Living [2]1.69 Apartment [3]2.06 II Non-Residential Land Use Employee Generation A Projected Non-Residential Land Uses BSF/RM/DU per Employee [4] Grocery 324 BSF Fitness 324 BSF Restaurant 324 BSF Neighborhood Retail 324 BSF Neighborhood Services 324 BSF Hotel 1.0 RM Senior Living 1.6 DU Apartment 30.0 DU I Projected Residential Population A Projected Residential Land Uses Number of DUs Residential Population Senior Living 200 339 Apartment 3,750 7,740 Future Land Use Data Demographic Data Population and Employees (Calculations) Exhibit 10 City Council 26 – 428 10/1/2024 ATTACHMENT 1-C SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN LAND USE AND DEMOGRAPHICS SUMMARY II Projected Direct Employees A Projected Non-Residential Land Uses Number of BSF/RM/DU Total Direct Employees Grocery 50,000 BSF 154 Fitness 45,000 BSF 139 Restaurant 70,000 BSF 216 Neighborhood Retail 75,000 BSF 231 Neighborhood Services 110,000 BSF 340 Hotel 250 RM 250 Senior Living 200 DU 127 Apartment 3,750 DU 125 III Projected Daily Guests AHotel Average Number of Guests per Room [6]2.5 Number of Hotel Rooms [7]250 Occupancy Rate [7]86% Average Daily Guests 538 I Total Projected Residential Population 8,079 II Total Projected Direct Employees 1,582 III Total Persons Served Population [8]8,870 IV Total Projected Daily Guests 538 V Additional Persons Served Population [9]9,139 NOTES: [1] Source: Project Proponent. [2] Based on the estimate that 69% of seniors live with their spouse/partner and 31% live alone. Source: The Administration for Community Living, a Department of Health and Human Services division. [3] Based on the average household size in the City of Santa Ana, adjusted by the average bedroom counts. Source: State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State, January 1, 2023, and Orange County Sanitation District. [4] Source: Project Proponent. [5] Based on typical DTA baseline assumptions. [6] Source: Project Proponent. [7] An employee is typically assumed to be equivalent to 50% of a resident given they would spend [8] only eight active hours in the City per day versus a resident who is active for 16 hours per day. [9] A hotel guest is typically assumed to be equivalent to 50% of a resident given they would spend only eight active hours in the City per day versus a resident who is active for 16 hours per day. *All figures subject to rounding Population and Employees (Totals) Exhibit 10 City Council 26 – 429 10/1/2024 ATTACHMENT 1-D SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN PROPERTY TAX REVENUE ANALYSIS I Property Tax Allocation (as a Portion of the 1% General Property Tax Levy) [1] A Category / Code Allocated to City [2] General Fund 19.081556% Total 19.081556% I Residential Land Uses B Senior Living Number of Units [3]200 Estimated Value per Unit [4]$650,000 Total Estimated Net Taxable Value $130,000,000 A Apartment Number of Units [3]3,750 Estimated Value per Unit [4]$450,000 Total Estimated Net Taxable Value $1,687,500,000 II Non-Residential Land Uses A Grocery Estimated Number of Sq. Ft. [3]50,000 Estimated Valuation per Sq. Ft. [4]$350 Total Estimated Net Taxable Value $17,500,000 B Fitness Estimated Number of Sq. Ft. [3]45,000 Estimated Valuation per Sq. Ft. [4]$350 Total Estimated Net Taxable Value $15,750,000 C Restaurant Estimated Number of Sq. Ft. [3]70,000 Estimated Valuation per Sq. Ft. [4]$350 Total Estimated Net Taxable Value $24,500,000 D Neighborhood Retail Estimated Number of Sq. Ft. [3]75,000 Estimated Valuation per Sq. Ft. [4]$350 Total Estimated Net Taxable Value $26,250,000 E Neighborhood Services Estimated Number of Sq. Ft. [3]110,000 Estimated Valuation per Sq. Ft. [4]$350 Total Estimated Net Taxable Value $38,500,000 F Hotel Estimated Number of Hotel Rooms [3]250 Estimated Valuation per Hotel Room [4]$325,000 Total Estimated Net Taxable Value $81,250,000 III Total Land Use Net Taxable Value $2,021,250,000 General Property Tax Assumptions Assessed Valuation Assumptions Exhibit 10 City Council 26 – 430 10/1/2024 ATTACHMENT 1-D SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN PROPERTY TAX REVENUE ANALYSIS I Property Tax Transfer - Assumptions [5] A Turnover Rate Residential Property 6.90% Non-Residential Property 6.90% B Other Assumptions Transfer Tax as a % of Assessed Value [6]0.11% Property Transfer Tax Passed Through to City of Santa Ana [7] 50.00% II Motor Vehicle Licensing Fees - Assumptions Vehicle Licensing Fees per Capita NA III Property Tax In-Lieu of Vehicle License Fee - Assumptions Total City of Santa Ana Gross Assessed Value [8]$32,471,833,021 City of Santa Ana Property Tax In-Lieu of Vehicle License Fee [9]$39,800,000 Property Tax In-Lieu of Vehicle License Fee Increase per $1,000 Assessed Value $1.23 I Fiscal Impact Category Annual Fiscal Impact Amount A Secured Property Tax A.1 Projected Residential Land Uses Senior Living $248,060 Apartment $3,220,013 A.2 Projected Non-Residential Land Uses Grocery $33,393 Fitness $30,053 Restaurant $46,750 Neighborhood Retail $50,089 Neighborhood Services $73,464 Hotel $155,038 B Property Transfer Tax B.1 Projected Residential Land Uses Senior Living $4,934 Apartment $64,041 B.2 Projected Non-Residential Land Uses Grocery $664 Fitness $598 Restaurant $930 Neighborhood Retail $996 Neighborhood Services $1,461 Hotel $3,083 C Property Tax In-Lieu of Vehicle License Fee [12] Projected Residential and Non-Residential Land Uses $2,359,024 II Total Property Tax Revenues $6,292,591 Other Property Tax Revenue Assumptions Fiscal Impact Calculation Exhibit 10 City Council 26 – 431 10/1/2024 ATTACHMENT 1-D SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN PROPERTY TAX REVENUE ANALYSIS NOTES: [1] Based on "General Fund" levy for Tax Rate Area (TRA). Data provided by the County of Orange Auditor-Controller's Office. TRA allocations adjusted for ERAF. Note, figure does not include non-General Funds. [2] Post ERAF rates based on the weighted average of the fiscal year 2022-23 rates applicable to the TRAs in the Project. Source: County of Orange Auditor-Controller Office. [3] Estimate, subject to change. [3] Please see Attachment 1-C. Subject to change. [4] Source: Project Proponent. [5] Source: Project Proponent. [6] City of Santa Ana Municipal Code §35-100 [7] Source: California Revenue & Taxation Code §11901, et seq. [8] Source: County of Orange Auditor-Controller's Office. [9] Source: City of Santa Ana Adopted Budget, Fiscal Year 2022-2023. [10] Property Tax in-lieu of Vehicle Licensing Fees applies to incremental property value. Current estimated land value of Project site of $96,580,830 excluded from calculation. *All figures subject to rounding Exhibit 10 City Council 26 – 432 10/1/2024 ATTACHMENT 1-E SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN SALES TAX REVENUE ANALYSIS I Indirect Sales Tax Assumptions - Residential A Mortgage/Rent Assumptions A.1 Apartment Annual Rent Payment per Unit [1]$36,000 B Disposable Income Assumptions B.1 Senior Living Retail Taxable Expenditures [2]$16,954 B.2 Apartment Average Household Income (3:1 Income to Household Payment Ratio)$108,000 Retail Taxable Expenditures (as a % of Disposable Income) [2]23.22% II Indirect Sales Tax Assumptions - Employees Annual Spending per Employee [3]$924 III Retail Taxable Sales Capture City of Santa Ana Retail Taxable Purchase Capture [4]25% I Non-Residential Direct Sales Tax Assumptions A Non-Residential Land Uses Taxable Sales per Sq. Ft / Room [5] Grocery $315.00 Fitness $0.00 Restaurant $1,000.00 Neighborhood Retail $400.00 Neighborhood Services $0.00 Hotel $7,528.40 II Displaced Taxable Sales Displaced Existing Taxable Sales within the City of Santa Ana [6] 15% I Percent to the City of Santa Ana City of Santa Ana Municipal Code §35-51 1.00% Prop 172 Sales Tax [7]0.04% Measure X Sales Tax [8]1.00% Total 2.04% I Fiscal Impact Category Annual Fiscal Impact Amount AIndirect Sales Tax A.1 Projected Residential Land Uses Senior Living $17,311 Apartment $480,193 Indirect Sales Tax Assumptions Direct Sales Tax Assumptions Other Sales Tax Assumptions Fiscal Impact Calculation Exhibit 10 City Council 26 – 433 10/1/2024 ATTACHMENT 1-E SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN SALES TAX REVENUE ANALYSIS A.2 Employee Taxable Sales Direct Employees $7,459 BDirect Sales Tax B.1 Projected Non-Residential Land Uses Grocery $273,387 Fitness $0 Restaurant $1,215,055 Neighborhood Retail $0 Neighborhood Services $0 Hotel $32,669 II Total Sales Tax Revenues $2,026,074 NOTES: [1] Source: DTA Market Research. [2] Source: Bureau of Labor Statistics, 2021 Consumer Expenditure Survey [3] Based on the average spending on Fast Food/Deli/Lunch Eateries for workers with annual income between $50K and $75K. Source: "Office-Worker Retail Spending in a Digital Age," ICSC (2012). Adjusted for inflation assuming 3% annual inflation rate. [4] Source: Project Proponent. [5] Source: DTA Market Research. [6] Based on typical DTA baseline assumptions. [7] The City projects to receive approximately 8.4% of the Prop 172 sales tax receipts generated within the City, which is equivalent to 0.04% sales tax rate. Source: City of Santa Ana Adopted Budget, Fiscal Year 2022-2023. [8] Current rate is 1.5%, decreases to 1.0% in 2029, and then sunsets in 2039. *All figures subject to rounding Exhibit 10 City Council 26 – 434 10/1/2024 ATTACHMENT 1-F SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN TRANSIENT OCCUPANCY TAX REVENUE ANALYSIS I Hotel Assumptions [1] A Hotel Number of Hotel Rooms 250 Room Rate (per Night) $220 Occupancy Rate 86.00% II Transient Occupancy Tax Rate Assumptions City of Santa Ana Municipal Code §35-127 11.00% III Annual Hotel Revenue Hotel $17,264,500 I Fiscal Impact Category Annual Fiscal Impact Amount A Transient Occupancy Tax Hotel $1,899,095 II Total Transient Occupancy Tax Revenues $1,899,095 NOTES: [1] Source: Project Proponent. *All figures subject to rounding Transient Occupancy Tax Assumptions Fiscal Impact Calculation Exhibit 10 City Council 26 – 435 10/1/2024 ATTACHMENT 1-G SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN UTILITY USER'S TAX REVENUE ANALYSIS I Telephone/Wireless A Projected Residential Land Uses Per Dwelling Unit Aggregate Senior Living $100 $20,000 Apartment $170 $637,500 B Projected Non-Residential Land Uses Per Building Sq. Ft./Room Aggregate Grocery $0.04 $1,980 Fitness $0.04 $1,980 Restaurant $0.34 $23,760 Neighborhood Retail $0.26 $19,800 Neighborhood Services $0.18 $19,800 Hotel $620.00 $155,000 I Electricity, Gas & Water A Projected Residential Land Uses Per Dwelling Unit Aggregate Senior Living $2,197 $439,400 Apartment $2,197 $8,238,750 B Projected Non-Residential Land Uses Per Building Sq. Ft./Room Aggregate Grocery $7.45 $372,450 Fitness $2.10 $94,500 Restaurant $10.02 $701,260 Neighborhood Retail $2.10 $157,500 Neighborhood Services $2.10 $231,000 Hotel $2,359.00 $589,750 I Utility User Tax Rate Assumptions Telephone/Wireless - City of Santa Ana Municipal Code §35-155 5.50% Electricity, Gas & Water - City of Santa Ana Municipal Code §35-156, 35-157 & 35-159 6.00% I Fiscal Impact Category Annual Fiscal Impact Amount A Utility User's Tax - Telephone/Wireless A.1 Projected Residential Land Uses Senior Living $1,100 Apartment $35,063 A.2 Projected Non-Residential Land Uses Grocery $109 Fitness $109 Restaurant $1,307 Neighborhood Retail $1,089 Neighborhood Services $1,089 Hotel $8,525 B Utility User's Tax - Electricity, Gas & Water B.1 Projected Residential Land Uses Senior Living $26,364 Apartment $494,325 B.2 Projected Non-Residential Land Uses Grocery $22,347 Fitness $5,670 Restaurant $42,076 Neighborhood Retail $9,450 Neighborhood Services $13,860 Hotel $35,385 II Total Utility User's Tax Revenues $697,867 NOTES: [1]Source: DTA Market Research. *All figures subject to rounding Utility Cost Assumptions [1] Utility User Tax Assumptions Fiscal Impact Calculation Exhibit 10 City Council 26 – 436 10/1/2024 ATTACHMENT 1-H SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN MULTIPLIER REVENUE SOURCES ANALYSIS I Revenue Category Multiplier Factor [1]Revenue Projection Basis Business Licenses $90.08 Per Employee Franchise Fees $25.15 Persons Served Charges for Services $23.03 Persons Served Licenses and Permits $4.16 Persons Served Fines and Forfeitures $12.53 Persons Served Adult-Use Retail Business Cannabis Tax $5.13 Persons Served Medical Marijuana Taxes $0.23 Persons Served I Fiscal Impact Category Annual Fiscal Impact Amount Business Licenses $142,507 Franchise Fees $223,081 Charges for Services $204,276 Licenses and Permits $36,899 Fines and Forfeitures $111,141 Adult-Use Retail Business Cannabis Tax $45,503 Medical Marijuana Taxes $2,040 II Total Multiplier Revenues $765,447 NOTES: [1] Based on the City of Santa Ana Adopted Budget, Fiscal Year 2022-2023. *All figures subject to rounding Multiplier Revenue Assumptions Fiscal Impact Calculation Exhibit 10 City Council 26 – 437 10/1/2024 ATTACHMENT 1-I SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN INVESTMENT INCOME REVENUES ANALYSIS I Investment Income Assumptions Investment Period for Recurring Non-Interest General Fund Revenues 1 Month Local Agency Investment Fund (LAIF) Rate of Return [1]2.06% Local Agency Investment Fund (LAIF) Percentage of Earnings Cost [1]50.00% I Fiscal Impact Category Annual Fiscal Impact Amount Total Property Tax Revenues (Attachment 1-D)$6,292,591 Total Sales Tax Revenues (Attachment 1-E) $2,026,074 Total Transient Occupancy Tax Revenues (Attachment 1-F) $1,899,095 Total Utility User's Tax Revenues (Attachment 1-G) $697,867 Total Multiplier Revenues (Attachment 1-H)$765,447 II Projected Recurring General Fund Revenues Available for Investment $11,681,073 III Plus: Investment Income (Less Earnings Cost) $10,041 IV Total Recurring General Fund Revenues $11,691,114 NOTES: [1] Estimate. Subject to change. *All figures subject to rounding Assumptions Fiscal Impact Calculation Exhibit 10 City Council 26 – 438 10/1/2024 ATTACHMENT 1-J SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN MULTIPLIER EXPENDITURES ANALYSIS I Expenditure Category Multiplier Factor [1]Expenditure Projection Basis [2] Police Department $385.45 Persons Served Fire Department $145.67 Persons Served Public Works $131.03 Persons Served Park, Recreation & Community Services $31.15 Persons Served Community Development $18.23 Persons Served Library $15.33 Persons Served Museum $5.83 Persons Served I Fiscal Impact Category Annual Fiscal Impact Amount Police Department $3,522,628 Fire Department $1,331,278 Public Works $1,162,236 Park, Recreation & Community Services $276,301 Community Development $161,700 Library $135,977 Museum $51,712 II Total Multiplier Expenditures $6,641,832 NOTES: [1] Based on the City of Santa Ana Adopted Budget, Fiscal Year 2022-2023. [2] Persons Served population for the police and fire protection costs includes daily hotel guests. *All figures subject to rounding Multiplier Expenditure Assumptions Fiscal Impact Calculation Exhibit 10 City Council 26 – 439 10/1/2024 ATTACHMENT 1-K SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN GENERAL GOVERNMENT EXPENDITURES ANALYSIS I General Government Overhead Expenditures Total Recurring Fund Expenditures (excluding General Government Overhead) [1]$276,005,100 Recurring General Government Overhead Expenditures (as a % of Total Recurring Fund Expenditures) [2]33.2% Marginal Increase in General Government Costs 75% I Fiscal Impact Category Annual Fiscal Impact Amount Total Multiplier Expenditures (Attachment 1-J)$6,641,832 II Projected Recurring General Fund Expenditures $6,641,832 III Plus: General Government Costs $1,655,034 IV Total Recurring Expenditures $8,296,866 NOTES: [1] Based on the City of Santa Ana Adopted Budget, Fiscal Year 2022-2023. [2] General Government Overhead Expenditures defined as costs for Legislative, Administration, Finance, Development Services, and other General Government. *All figures subject to rounding Assumptions Fiscal Impact Calculation Exhibit 10 City Council 26 – 440 10/1/2024 Exhibit 10 City Council 26 – 441 10/1/2024 www.FinanceDTA.com 18201 Von Karman Avenue, Suite 220 Irvine, CA 92612 EPD SOLUTIONS, INC. COMMUNITY BENEFITS ANALYSIS REPORT RELATED BRISTOL AT 3600 SOUTH BRISTOL STREET CITY OF SANTA ANA, CA Prepared for: EPD Solutions, Inc. 3333 Michelson Drive, Suite 500 Irvine, CA 92612 Attention: Jeremy Krout Exhibit 10 City Council 26 – 442 10/1/2024 TABLE OF CONTENTS SECTION PAGE I DESCRIPTION OF RELATED BRISTOL SPECIFIC PLAN ........................................................................... 1 II PURPOSE OF A CBA ................................................ 3 III CITY INTENT FOR THE SPECIFIC PLAN ............. 6 IV OVERVIEW OF COMMUNITY BENEFITS TO THE CITY ........................................................................... 8 V RECURRING AND ONE -TIME FISCAL BENEFITS TO THE CITY GENERAL FUND ........................... 10 VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY ......................................................................... 12 VII CONCLUSION ........................................................ 29 APPENDICES APPENDIX A SPECIFIC PLAN PERMITTED USES APPENDIX B SCAQMD POLICIES: CITY GENERAL PLAN APPENDIX C PROPOSED INFRASTRUCTURE IMPROVEMENTS Exhibit 10 City Council 26 – 443 10/1/2024 1 SECTION I DESCRIPTION OF RELATED BRISTOL SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com I DESCRIPTION OF RE LATED B RISTOL SPECIFIC PLAN DTA has been engaged to conduct a Community Benefits Analysis (“CBA”) for the Related Bristol Specific Plan project (the “Project”) located in the City of Santa Ana (the “City”), California, on behalf of EPD Solutions, Inc. (the “Client”). The intent of the CBA Report is to summarize the community benefits that accrue to the City from the completion of the Project. Community benefits traditionally fall into eight categories: 1. Benefits that improve the quality of life in the community; 2. Benefits that expand economic opportunities; 3. Improvements that provide jobs for local residents; 4. Improvements that provide amenities for the public at large; 5. Benefits that make public spaces more attractive; 6. Benefits that implement City policies; 7. Benefits that can be accessed by local neighbors; and 8. Provisions to advance the public good. The Related Bristol Specific Plan (‘Specific Plan”) is an urban village concept bringing together residential and retail development in one location on a sizeable scale. The City and RCR Bristol, LLC (the “Developer”) anticipate that the Specific Plan will transform the City’s economy with the development of up to 3,750 dwelling units and 350,000 square feet (“SF”) of retail development, a 250-room hotel, and a 200-bed congregate care facility. These improvements are anticipated to encourage additional investment in the local marketplace, enhance the civic life of the Bristol Street Corridor with public space coordinated with the Arts District to the East, improve the economic health of new and existing residents, provide opportunities for both local retail shops and upscale regional retail uses similar to South Coast Plaza, and create new jobs and generate Transient Occupancy Tax (“TOT”) revenues through the construction of a 250-unit upscale hotel that will target tourists from outside the immediate area. The Project site is identified in the City’s General Plan Land Use Element as being located in District Center 5 (DC-5) within the South Bristol Street Focus Area. The Specific Plan area is located north of Interstate 405 (the San Diego Freeway), west of State Route 55 (the Orange Freeway), north of Sunflower Avenue, and west of South Bristol Street adjacent to the boundary between the Cities of Santa Ana and Costa Mesa, which runs through the centerline of Sunflower Avenue. Figure 1: Location Map Exhibit 10 City Council 26 – 444 10/1/2024 2 SECTION I DESCRIPTION OF RELATED BRISTOL SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com The Specific Plan area is located within the larger South Coast Metro area of Orange County (the “County”), one of the most highly developed urban mixed-use areas within the County. The South Coast Metro area includes retail, Class A office, high- and mid-rise residential, hotels, restaurants, and a state-of-the-art performing arts center. The local area is centered around South Coast Plaza. This South Coast Metro Area is located at the intersection of the regional freeway systems and major arterials providing access to Orange County, Los Angeles, San Diego, and the Inland Empire. John Wayne Airport (SNA), a commercial airport serving the Orange County area, is located less than 1.5 miles from the Specific Plan area. There is a regional transportation center about 5 miles to the north that connects to the Metrolink and Amtrak systems. The Project site is within walking distance of the Segerstrom Center for the Arts, South Coast Repertory Theatre, and Orange County Museum of Art. The Segerstrom Center for the Arts has a capacity of 3,000 visitors and numerous outdoor art displays and community spaces. The Noguchi Sculpture Garden is a prominent public space within Pacific Arts Plaza directly south of the Center for the Arts. Finally, the Orange County Museum of Art is a modern and contemporary art museum showcasing internationally recognized artists based in California and the Pacific. Figure 2: Proposed Project Land Uses Exhibit 10 City Council 26 – 445 10/1/2024 3 SECTION II PURPOSE OF A CBA Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com II PURPOSE OF A CBA A CBA is required for projects that seek General Plan amendments (Santa Ana General Plan Land Use Element Policy LU-1.8). Community benefits are measures that are voluntarily incorporated into a development project and often exceed requirements that municipalities can impose to mitigate project impacts or comply with regulations. These can vary widely when it comes to implementation as community benefits are specific to each community’s objectives and local market conditions. DTA reviewed the Project’s proposed community benefits, hereinafter referred to as the “Community Benefits,” and financial capacity to provide such benefits. Our analysis evaluates two types of Community Benefits. The first type consists of financial benefits the City will receive through the construction of the Project and once the Project has been built-out, including additional annual recurring fiscal benefits such as property taxes, TOT, and sales taxes. There is also the financial benefit of Development Impact Fees (“DIFs”) that can be collected by the City on a one-time basis to fund City infrastructure. The second set of benefits are oriented towards enhancing residents’ quality of life and include improvements to parks and recreation facilities, the development of measures directed towards the protection of the environment, the construction of low-income housing, and the implementation of goals and policies aimed at achieving the City’s projected Jobs/Housing Balance. Municipalities target a Jobs/Housing Balance to encourage sufficient economic growth to provide employment opportunities for local residents and support local retail development and entertainment opportunities. The Jobs/Housing Balance ratio is a ratio of the number of jobs in a community divided by the number of housing units. A community with a sufficient Jobs/Housing Balance promotes shorter commutes and reduces Vehicle Miles Traveled (“VMT”), therefore creating air quality benefits. In assessing financial Community Benefits, the proposed Project has been compared to the existing Project site that is currently underutilized. Since DTA has not been provided with an executed Development Agreement or Community Benefits Agreement for the Specific Plan, our narrative reflects information on Project characteristics, conditions of approval, and benefits listed in the Specific Plan, as well as DTA’s research regarding the City and the community in which the Project is being constructed. CBAs for mixed-use communities in California can vary depending on the specific project and its impact on the surrounding community. Furthermore, there is not a common industry definition of a CBA, so each jurisdiction may have its own set of parameters. CBA requirements in one jurisdiction may not be applicable to another jurisdiction. That said, the general consensus is that community benefits include the following: Exhibit 10 City Council 26 – 446 10/1/2024 4 SECTION II PURPOSE OF A CBA Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Table 1: Potential Community Benefits Targeted low-income units; Landscaping, parks, and open space; Density bonuses; Support for local community-oriented programs; DIFs; Childcare facilities; Affordable housing units/housing fees; Community centers accessible by the general public; Jobs/Housing Balance; Art in public places; Energy conservation; Pedestrian and bicycle improvements; Vehicle traffic reduction; Connection to the regional transit systems; Parking reduction strategies; Police/fire facilities stations; Improvements to air quality; Local hiring; Mitigation of noise and vibration impacts; Community outreach; and Neighborhood amenities; Operations and maintenance costs solely supported by the owner. Streetscape improvements; Some examples of factors that are commonly considered in a CBA are included below. Affordable Housing: Assessing the need for affordable housing within the community and evaluating the proposed development's contribution towards meeting that need. This may include determining the number of affordable units, their affordability levels, and the duration of affordability restrictions. As the property is on leased land, most residential owners are reluctant to own property encumbered by an underlying ground lease. Transportation and Infrastructure: Evaluating the impact of the development on transportation infrastructure, such as roads, public transportation, and bike lanes, and analyzing whether the project includes measures to mitigate traffic congestion and improve transportation options, like supporting public transit or providing infrastructure for alternative modes of transportation. Parks and Open Spaces: Examining the availability and accessibility of parks, recreational areas, and open spaces within and around the development. A CBA can also assess whether a project includes provisions for new parks or contributes to enhancing existing ones, thereby promoting outdoor activities and community interaction. Community Services: Assessing the availability and accessibility of essential community services, such as schools, healthcare facilities, libraries, and community centers. This may include evaluating whether a project includes provisions to support or enhance these services or if there is a need for additional infrastructure. Environmental Impact: Evaluating the environmental impact of the development, including its potential effect on air quality, water resources, and natural habitats. This may include assessing whether a project incorporates sustainable design features, renewable energy, water conservation measures, and other environmentally friendly practices. Exhibit 10 City Council 26 – 447 10/1/2024 5 SECTION II PURPOSE OF A CBA Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Economic Development: Analyzing the potential economic benefits of the development, such as job creation, increased tax revenues, and local business opportunities. This may include assessing whether a project contributes to the local economy and if there are provisions for workforce development or job training programs. Cultural and Community Character: Considering the impact of the development on the existing sociocultural and community character. This may include assessing whether a project incorporates design elements, public art, or other features that reflect and preserve the unique cultural identity of the community. These are just some examples of the factors that can be included in a CBA for mixed-use communities in California. The specific analysis will depend on the characteristics of the project, local context, and requirements set forth by local government agencies or planning departments. Exhibit 10 City Council 26 – 448 10/1/2024 6 SECTION III CITY INTENT FOR THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com III CITY INTENT FOR THE SPECIFIC PLAN The City’s intent for this Specific Plan area is integral to the intended character of the Project, which builds off the South Bristol Street objectives as outlined on page LU 61 of the General Plan Land Use Element. The major objective of the Project is to replace a vacant and obsolete retail development with a contemporary residential and retail-based self-contained urban village. The Specific Plan is consistent with, and implements, the City’s vision for the District Center- High and South Bristol Focus Area (see also Appendix B, SCAQMD Policies: City General Plan): The District Center-High is a mixed-use designation identified in the General Plan as including “high-density urban villages consisting of visually striking and dynamic buildings and spaces with a wide range and mix of residential, live-work, commercial, hotel, and employment-generating uses.” 1 Table LU-2 of the General Plan (Build-Out) identifies an assumed housing growth of 5,272 units in the District. The proposed 3,750 units fall within the assumed growth target. Table LU-8 of the General Plan identifies the DC-5 area as allowing a maximum Floor Area Ratio ("FAR") of 5.0, or 125 dwelling units per acre, and a maximum height of 25 stories. The General Plan allows the FAR to be calculated on a gross basis for an individual development project. The General Plan’s District Center designation would allow up to 8,733,780 SF of mixed uses, inclusive of residential uses, based on the maximum FAR of 5.0 over the 41.13-acre (gross) site. As proposed, the Specific Plan will result in an FAR of 2.7, well within the maximums allowed in the General Plan. A General Plan Amendment is neither required nor proposed. The General Plan envisions “urban villages,” “an intense multistory presence,” and “mixed-use opportunities.” The Specific Plan implements this vision with a range of building heights and configurations in two mixed-use Districts/Villages, with heights and intensities within the limits identified in the General Plan. The General Plan requires fiscal neutrality (LU 2.4). The Project results in positive fiscal impacts. The General Plan calls for community involvement (LU 3.2). Significant outreach has occurred as outlined in Specific Plan Section 2.5, Community Engagement. The General Plan encourages areas for community gathering and outdoor entertainment (LU 2.3). The Specific Plan includes approximately 13 acres of open 1 Source: Related Bristol Specific Plan. Exhibit 10 City Council 26 – 449 10/1/2024 7 SECTION III CITY INTENT FOR THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com space, which includes public plaza areas and a central park accessible to the public and available for outdoor entertainment. The Specific Plan area is not within a U.S. Environmental Protection Agency Environmental Justice Area. The Specific Plan envisions a neighborhood layout that connects the community (internally and externally) to walkable, pedestrian, and bike-friendly streets through a variety of sidewalks, greenways, walkable streets, and squares/plazas. The street network emulates the best practices of a vibrant pedestrian village core while providing the density and overlapping programming that is commonly found in successful town center projects. An artist’s 3 D rendering is shown below. Figure 3: 3 -D Rendering of the Proposed Project Site2 It should be noted that all buildings will be no taller than 8 stories3 or 85 feet in height, except for the hotel and congregate care facility. This is in contrast with the existing office buildings located east of Bristol Street that are up to 285 feet tall. 2 Source: Related Bristol Specific Plan. 3 Source: Related Bristol Specific Plan, pages 4-8, coordinated with the figure from page 2-1. Exhibit 10 City Council 26 – 450 10/1/2024 8 SECTION IV OVERVIEW OF COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com IV OVERVIEW OF COMMUNITY BENEFITS TO THE CITY The Specific Plan will invigorate the South Coast Plaza area by providing 3,750 housing units. According to the US. Census Bureau, the population of the City is comprised of approximately 309,000 people living in 77,000 households, with an average of four people per housing unit. However, the housing units located within the Project’s boundaries are smaller than the average unit in the City. Assuming that 1.73 people will live within each unit, the Specific Plan will generate an estimated 6,500 new residents who will generate benefits for the City, including significant new sales and property tax revenue. In addition to providing a new grocery store, the Specific Plan will demolish existing obsolete buildings and replace them with modern mid-rise and high-rise mixed-use structures. This will serve to enhance the health and quality of life of the neighborhood. The Project site currently contains 465,000 SF of retail uses and the associated surface parking, which is proposed to be replaced by 350,000 SF of new retail and commercial space with up to 780 surface spaces, 205 open air parking spaces, and 2,910 underground parking spaces. The proposed redevelopment of the Project site will allow merchants opportunities to establish new businesses in the local area. One goal of the Project will be to create inclusive economic development and job opportunities for residents in the surrounding community, which should create a large urban center in the County in conjunction with South Coast Plaza and the Segerstrom Center. Community Benefits related to the overall Specific Plan include the following: 1. The Project will include the development of up to 3,750 residential units that will have a meaningful contribution to the housing needs in the region. As identified by CoStar, a leading market data provider, the apartment vacancy rate in the immediate area is quite low and the creation of up to 3,750 units should help relieve the local housing shortage. Furthermore, the addition of these new rental units will create a need for local serving retail that will reinvigorate the existing “obsolete” neighborhood commercial. From the CoStar site, DTA obtained information about the market for both County and multifamily products within a 2-mile radius of the Project site. In this Report, we will refer to the area within 2 miles of the site as the “2-Mile Zone.” Figure 4: Proposed Street Design Exhibit 10 City Council 26 – 451 10/1/2024 9 SECTION IV OVERVIEW OF COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com 2. The Project will offer 350,000 SF of commercial development, a downsizing from the existing 465,000 SF of Income-Producing Property (“IPP”). CoStar identified in May 2023 that annual office rents within the 2-Mile Zone are $30.70 per SF with a vacancy of almost 21%. During our site inspection, we noticed that there are existing tenants that include typical office uses, such as tax preparation. On the other hand, CoStar’s retail data indicates that annual retail rental rates are $37.53 per SF with a vacancy of 1.9%. The reduction of retail space and its replacement by residential square footage should maintain similar gross revenues (CoStar estimates annual residential rents of about $40.00 per SF per year will increase the overall value of the property). It should also be noted that office uses generally do not generate sales tax. 3. The proposed retail will replace the existing “obsolete” retail (see discussion above). 4. Based upon the proposed design standards, the structures and Specific Plan are designed to attract professionals of all ages. These tenants should be attracted to the combined residential and retail programs encouraging an active lifestyle. 5. The community design standards are intended to create a self-contained village that integrates with the adjacent South Coast Plaza and Arts District. 6. The Developer is planning to pay Affordable In-Lieu Housing Fees that are currently $15.00 per SF. If the average residential units is 900 SF, the estimated Housing In-Lieu Fee will exceed $50,600,000. Exhibit 10 City Council 26 – 452 10/1/2024 10 SECTION V RECURRING AND ONE-TIME FISCAL BENEFITS TO THE CITY GENERAL FUND Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com V RECURRING AND ONE-TIME FISCAL BENEFITS TO THE CITY GENERAL FUND A Recurring Annual Fiscal Surplus to City General Fund As listed in Table 2, at build-out, the Project is anticipated to generate recurring fiscal net revenues to the City's General Fund of $3,394,248 per year (in 2023$). This is based on annual recurring revenues of $11,691,114 and annual recurring expenditures of $8,296,866 per year. The calculations supporting this projected annual fiscal surplus are contained in DTA’s memorandum (“memo”) dated June 2, 2023, entitled “Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan,” which is included herein by reference. Table 2: Net Annual Recurring Fiscal Impacts of the Project Fiscal Impact Category DTA FIA Secured Property Tax $3,856,860 Property Transfer Tax $76,707 Property Tax In Lieu of Vehicle License Fee $2,359,024 Direct Sales Tax $1,521,111 Indirect Sales Tax $504,963 Transient Occupancy Tax $1,899,095 Utility User's Tax $697,867 Business Licenses $142,507 Franchise Fees $223,081 Charges for Services $204,276 Licenses and Permits $36,899 Fines and Forfeitures $111,141 Adult-Use Retail Business Cannabis Tax $45,503 Medical Marijuana Taxes $2,040 Intergovernmental $0 Miscellaneous $0 Investment Income $10,041 Total Recurring Revenues $11,691,114 Police Department $3,522,628 Fire Department $1,331,278 Public Works $1,162,236 Park, Recreation & Community Services $276,301 Community Development $161,700 Library & Museum $187,689 General Government $1,655,034 Total Recurring Expenditures $8,296,866 Total Annual Recurring Surplus/(Deficit) $3,394,248 Total Annual Revenue/Expenditure Ratio 1.41 Exhibit 10 City Council 26 – 453 10/1/2024 11 SECTION V RECURRING AND ONE-TIME FISCAL BENEFITS TO THE CITY GENERAL FUND Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com B Development Impact Fees The development of the Project will generate significant Development Impact Fees (“DIFs”), which are fees imposed on new development, generally prior to the issuance of building permits, to fund the cost of regional infrastructure that will be utilized by new development. Many of these DIFs will be collected directly by the City, while others will benefit other government agencies, such as the Foothill Transportation Corridor and San Joaquin Hills Corridor. The projection of the DIFs in the CFD is a direct function of many factors, including the actual amount of residential and non-residential square footage constructed, the final dwelling unit count, and other metrics. Table 3 is based on an assumed product mix that is subject to change as the Project is developed. Table 3 : DIF Summary by Fee Type DIFs Total Quantity Unit Unit Price Total Cost Santa Ana Transportation System Improvement Area Multifamily Fee - Area 3,375,000 SF $1.10 $3,712,500 Santa Ana Transportation System Improvement Area Non-Residential Fee - Area 350,000 SF $3.31 $1,158,500 Santa Ana Transit Zoning Code Traffic Impact Mitigation Fee - Multifamily 3,750 DU $1,270.04 $4,762,650 Santa Ana Transit Zoning Code Traffic Impact Mitigation Fee - Retail 350,000 SF $9.11 $3,188,500 Santa Ana Harbor Specific Plan Mitigation Fee 3,750 DU $850.00 $3,187,500 Foothill Transportation Corridor Fee - Multifamily 3,750 DU $2,568.00 $9,630,000 Foothill Transportation Corridor Fee - Non-Residential 350,000 SF $4.99 $1,746,500 San Joaquin Hill Corridor Fee - Multifamily 3,750 DU $2,735.00 $10,256,250 San Joaquin Hill Corridor Fee - Non-Residential 350,000 SF $5.99 $2,096,500 Drainage Assessment Fee - Zone 41 AC $7,748.21 $318,219 Orange County Sanitation Sewer Connection Fee 75,000 Fix $49.00 $3,675,000 Orange County Sanitation District - Multifamily Capacity Fee 3,750 DU $3,743.00 $14,036,250 Orange County Sanitation District – Non-Residential Capacity Fee - Avg 2 Bdrms 350,000 SF $1.49 $519,750 Santa Ana School District Impact Fee - Residential 3,375,000 SF $4.79 $16,166,250 Santa Ana School District Impact Fee - Commercial 350,000 SF $0.78 $273,000 Santa Ana Affordable Housing In Lieu Fee 3,375,000 SF $15.00 $50,625,000 Total DIFs $125,352,369 Exhibit 10 City Council 26 – 454 10/1/2024 12 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY A Residential The Project is envisioned as a mixed-use urban community with multiple blocks of residential uses throughout the Specific Plan area. This Specific Plan does not intend to limit or restrict the residential building types or architectural style. Residential uses may be single-use buildings within a block or in a mixed-use building with ground-floor retail uses. The building architecture will be designed to attract a demographic interested in carefree living. It is believed that the proposed tenants will be interested in attending concerts and other community events in the Arts District to the east. Building types may include but are not limited to the following: 1. Tower on podium, which is a multi-level tower around or above a central core or series of cores. 2. Podium structure, which is a multi-level structure situated on top of a podium base. 3. Wrap structure, which is a multi-level building surrounding an internal parking structure. 4. A live-work space is an integrated residence and workspace occupied by a single household. This is a relatively low-density building type that is permitted but not anticipated within the Specific Plan area. 5. Townhomes, which are individual attached units arranged side-by-side. 6. Stacked dwellings, which are units within a single structure that are stacked one above the other. 7. A variety of mixed-use frontages may be used, including forecourt, storefront, gallery, and arcade types of architectural treatments. The architectural treatment for the pedestrian/street level in all cases shall be designed to create a pedestrian-scaled experience. Senior and age-qualified projects (including continuum of care communities that include a full range of independent living through skilled nursing facilities) are specifically allowed within the Specific Plan. Such projects will include an amenity package in accordance with the Project’s demographics. Revenue-wise, the residential development will be responsible for a large portion of the $6.2 million in property taxes and in-lieu Vehicle License Fees (“VLFs”) generated by the Project annually on behalf of the City. Furthermore, the residents within the Project are Figure 5: Proposed Project Street Scene Exhibit 10 City Council 26 – 455 10/1/2024 13 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com expected to generate an additional $500,000 per year in City sales taxes through the purchase of taxable goods and services located outside of the Project itself. B Retail Retail development is currently experiencing significant changes due to the competitive nature of online shopping. In a recent national poll of shopping trends4, 59% of consumers reported buying clothes, 45% reported purchasing shoes, and 38% reported purchasing electronics online. As retail trends continue to shift away from traditional brick and mortar retail uses towards experiential retail, it is important that traditional “strip” shopping centers, such as Metro Town Square, adapt to meet the changing needs of the marketplace. In terms of revenues generated by retail development on behalf of the City, it is estimated that the new retail development within the Project will generate $1.5 million per year in direct sales taxes. Community Benefits related to the new retail opportunities within the Project are as follows: 1. Redevelopment of existing retail stores to address the future marketplace; 2. Leverage the success of the adjacent South Coast Plaza; 3. Development of a safe and comfortable environment for people to shop, dine, entertain, live, work, and play; 4. Future local-serving and destination retail uses geared to reducing vehicular traffic and related air quality impacts will result from the Project since there will be more than 6,500 new residents within walking distance of the new grocery store and other retail outlets; 5. Construction of underground parking should allow tenants to park their cars and walk to the new retail shops, while at the same time allowing non-residents to park their cars directly under the retail shops and not have to walk across large surface parking lots; and 6. Creation of an environment to attract new business investment that will provide a catalyst for the redevelopment of the community. Retail spaces in many locations are undergoing changes resulting from adjustments to consumer behavior. For example, many restaurants are adding outdoor dining for their customers. The majority of the retail buildings in the 2-Mile Zone were built between 1970 and 1986, with some buildings undergoing restoration between 1999 and 2002. Retail space is evolving due to many factors. Shoppers expect improved merchandising, data-driven advice, and the ability to customize product offerings. Where previous retailers were only able to offer merchandise in the store, in the current environment, customers expect that 4 Source: https://www.bigcommerce.com/blog/online-shopping-statistics/. Exhibit 10 City Council 26 – 456 10/1/2024 14 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com that if the merchandiser does not have the proper size or color on hand, it can be ordered from a remote location and delivered to them by Amazon (or equivalent) within 24 hours. In each retail store, sales personnel also have access to customer data, such as rewards programs and previous customer purchasers, intended to improve the buying experience. The combination of an urban village that integrates residential units with nearby retail will increase the walkability of the Specific Plan area by permitting shoppers to have easy access to shops, with the result that shopper traffic should increase for the new retail shops. The proximity of retail and residential uses will encourage residents to rely more on direct delivery for groceries, takeout meals, and the purchase of consumer products that can be delivered directly to the doorstep within 24 hours. This may also require that retail locations allocate space to these delivery services. According to our site visit, many of the buildings in the Metro Town Square have relatively low ceilings that are not conducive in the current market. Most current retailers prefer higher ceilings to provide a comfortable environment for customers and a place to hang signs and mount security cameras. Higher ceilings also provide more room for stacking inventory, both on the display floor and in the warehouse. C Congregate Care The Developer is planning to construct a congregate care facility with up to 200 rooms and 225,000 SF focused on accommodating an aging population. Potential congregate care may include: Independent Living Units: A project designed for the senior resident who needs specialized services and amenities to accommodate their special needs and prolong their ability to live independently, including meal preparation, common dining facilities, emergency call monitoring, housekeeping services, shuttle services, and the delivery of groceries and pharmaceuticals. Other benefits to the community will encompass the availability of services to support the care of an ailing spouse, such as adult daycare services and limited nursing services. Congregate Housing Community (Including Assisted Living and/or Skilled Nursing): The Project may also benefit the City by satisfying needs for senior residents consisting of nursing care, medical services, and memory care facilities. Specific services may include security, activity centers, housekeeping, emergency monitoring, and transportation. Community Benefits related to the congregate care facility are as follows: 1. Access to a facility where active adults and senior citizens can safely shop, dine, entertain, live, work, and play. 2. Retail opportunities are located within walking distance of the congregate care facility, so elderly customers will become less reliant on the use of their vehicles. 3. As the number of Americans ages 65 and older is projected to nearly double from Exhibit 10 City Council 26 – 457 10/1/2024 15 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com 52 million in 2018 to 95 million by 20605, the need for congregate care facilities will increase significantly. A 200-bed facility should help address the increased need for these facilities. 4. Congregate care facilities generate less traffic than conventional residential units. D Hotel The Specific Plan provides for an upscale high-rise hotel with 250 rooms, including restaurants, on-site alcohol service, conference facilities, event spaces, and rooftop amenities. Community Benefits related to the hotel property are as follows: 1. The hotel will provide an anticipated $1,899,095 in TOT revenue to the City’s General Fund; 2. The hotel will generate sales tax as a result of its restaurants and retail operations; 3. The hotel will provide additional dining areas to enhance local offerings; 4. The hotel will provide conference space in the local marketplace for organizations to use for conferences; 5. The hotel will accommodate short-term and long-term guests who are visiting tenants in the residential units; 6. The new hotel will increase the number of higher-end hotel rooms in the area; and 7. Along with the nearby Westin South Coast Plaza that provides 393 hotel rooms, the addition of a new hotel should provide event space for larger conferences and community gatherings. E Community Features The intersection of South Bristol Street and Sunflower Avenue will create a new gateway to the City and will be designed using gateway elements, such as an archway crossing South Bristol Street or significant ground-level monuments, landscape elements, and public art. An entry monument to a city often delineates the boundary between two cities. Other benefits to the City are designed to ensure that the appearance of on-site structures do not become dated and the area remains an example of high-quality architecture within Santa Ana including the following: 1. Buildings will emphasize a clear architectural style that is properly articulated and detailed for what research shows to be the most appropriate style; 2. Architectural elements will activate on-site open space components to create a cohesive space; 5 Source: https://www.prb.org/resources/fact-sheet-aging-in-the-united-states/. Exhibit 10 City Council 26 – 458 10/1/2024 16 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com 3. All buildings will feature four-sided architecture in which equal focus is applied to each side of a building with regard to massing, proportion, and material composition; and 4. The Specific Plan will promote a farmers market selling fresh and healthy food options. The Project design standards require green building elements, including: 1. Use of materials and technologies that minimize environmental impacts, reduce energy, minimize dry and wet utility consumption, and promote long-lasting development; and 2. Window technologies, such as physical sun shading, low-emissivity coatings, and insulated daylighting panels, will be utilized where appropriate to decrease the energy costs associated with cooling buildings during most of the year. F Jobs/Housing Balance and Increased Construction Employment The Jobs/Housing Balance is an indicator of the relative equilibrium between employment and housing opportunities in a given area. A positive balance between jobs and housing has a beneficial impact on a municipality by decreasing costs associated with commuting and traffic congestion. It also reduces commute times, improves local social, cultural, and family involvement, provides a more attractive work/life balance to residents, and generates savings to local public agencies in terms of the need to construct and maintain new road improvements and other facilities. As reflected in Table 4 and Figure 6, the City’s current ratio of jobs within the City as compared with the number of housing units Citywide is 1.725, as compared with a Statewide average of 1.260. The addition of 1,586 permanent new jobs through the construction of the Project would decrease the jobs/housing ratio modestly to 1.664, as the 3,750 new housing units incorporated in the Project are greater than the 1,586 permanent recurring jobs to be generated by the Project. Exhibit 10 City Council 26 – 459 10/1/2024 17 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Table 4: Pre-Project and Post-Project Permanent Jobs /Housing Balance in Santa Ana Description Citywide Average Statewide Average Pre-Project Post-Project Number of Permanent Jobs 141,543 6 143,129 18,536,600 Number of Housing Units 82,058 86,008 14,711,648 Existing7 82,058 82,058 14,707,698 New N/A 3,750 3,750 Jobs /Housing Balance 1.725 1.664 1.260 Figure 6 : Pre -Project and Post-Project Jobs/Housing Balance In addition to these recurring permanent jobs, during the construction period (up to 10 years), estimated construction activity will generate approximately $2.6 billion of additional spending, much of which will occur in the City. In a typical construction project, much of the material is purchased from local vendors and labor is provided by locally based contractors. Of course, when a developer pays for planning fees, deposits, permits and DIFs this is paid directly to the City. As a result of these expenditures, a total of 16,834 construction-related jobs will be created during the construction period. G Affordable Housing As part of the Specific Plan, the Developer will be providing affordable housing, including dwelling units targeted to low-income households. The Developer will work with community representatives to identify affordable housing needs and develop programs that will encourage local residents to benefit from low-cost housing offerings in accordance with State laws, ordinances, and regulations. The State of California has placed an urgent emphasis on housing of all types. The City’s Regional Housing Needs Allocation (“RHNA”) for the next General Plan Housing Element cycle, which extends from 2021‐2029, includes 3,137 new housing units. 6 Spotlight by Environics Analytics, Employment Profiles by NAICS Code 2022. 7 Labor Market Information Division, State of California Employment Development Department. Exhibit 10 City Council 26 – 460 10/1/2024 18 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Community Benefits of low-income housing include: 1. All projects seeking entitlements from the City must comply with the City’s Affordable Housing Opportunity and Creation Ordinance (“AHOCO”). If sufficient affordable housing is not constructed within the Project site itself, the Developer would be required to pay the City’s current In-Lieu Affordable Housing Fee (“In-Lieu Fee”) requirement of up to $15 per square foot (lower levels are allowed if 90% of the labor utilized for the Project is union labor). Based on the construction of 3,750 dwelling units as currently anticipated for the Project, and assuming an average sized unit of 900 SF, the Developer could fund as much as $33,750,000 in In-Lieu Fees by Project build-out to subsidize off-site affordable housing within the City. Notwithstanding the above, a Development Agreement is to be negotiated between the City and Developer that may modify the amount of In-Lieu Fees to be paid by the Developer. 2. The City’s compliance with the California Department of Housing and Community Development objectives established as part of the RHNA program. 3. The opportunity for low-income workers to live close to the workplace, afforded by providing housing close to well-paying jobs, translates to lower congestion and commute times by eliminating the necessity for long-distance drives from home to work. 4. Quality-of-life benefits include reduced stress in commuting and more leisure time. H Community Outreach The Specific Plan has been created with community input and is supported by market, fiscal/economic, and technical studies prepared by experienced consultants, including civil engineers, traffic engineers, urban designers, architects, planners, and landscape architects. Consultation with City staff and the review of the City’s updated General Plan has guided the content and character of the Specific Plan. During the up to 10-year development time frame, the Developer will develop a community outreach program to ensure that all interested parties will be provided with current information about the Project’s development. This will include the establishment of a community website, distribution of electronic newsletters, and use of other digital platforms to share information on the Project. The Developer will share information and updates about the Project throughout the construction of the buildings and implementation of the Specific Plan. It is intended that the Developer will address and be responsible to residents and community leaders for employment opportunities, youth engagement programs, and the construction of various parks and open space. Exhibit 10 City Council 26 – 461 10/1/2024 19 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com In August 2022, a Welcome Center was opened on the Project site that is available to the public and is a location where meetings with community residents and stakeholders have been arranged. Over 25 meetings have been held with over 200 stakeholders since the Welcome Center opened, which have provided an opportunity for the Developer and City to receive input related to reimagining the Project site. Community Benefits of a community outreach program include the following: 1. The public has been and will continue to have input on the Project’s development during the life of the Project; and 2. The public has been and will continue to be able to monitor the development of the Project as information has been provided by the Developer. I Energy Efficiency The Specific Plan encourages the Developer to design the buildings in an energy-efficient manner. As a result, all of the buildings within the Project will be designed to reduce energy consumption using the most updated technology to produce heating, cooling, ventilation, and lighting. The Project will emphasize passive cooling systems that minimize the energy demands necessary for climate control in buildings. The Project will provide places for solar receptors on building roofs to generate electrical energy. The energy generated on retail buildings’ roofs during the day could be stored for use in residential structures in the evening. In addition, energy generated by solar systems on residential units during the day could be available for the retail units during commercial hours. Other alternatives include the use of energy-efficient cladding and building fenestration that can reflect sunlight during the day, thereby lessening the need for air conditioning and solar glass, that can be fed into the building’s electric grid. Furthermore, landscaping elements will act as heat sinks that absorb, store, reflect, redirect, or dissipate heat. A typical heat sink created by landscaping elements will absorb heat during the day and usually release it as the temperature drops in the evenings. Community Benefits related to energy conservation include: 1. Reduction of energy costs to building users; 2. Potential sale of solar energy to tenants and the entire City electrical grid; 3. Landscaping and water features that can absorb energy with the intention of reducing outdoor temperature by between 6° and 12° Fahrenheit in the summer; 4. Creative building design that can reflect energy away from a building, thereby reducing the need for air conditioning; 5. The use of energy-efficient cladding that will reduce energy used to heat or cool a building; 6. Use of solar glass to feed energy into the respective buildings’ grid; and Exhibit 10 City Council 26 – 462 10/1/2024 20 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com 7. The green building elements within the Project are being designed to reduce energy use and minimize the heat sink effects. J Open Space The Mixed-Use/Residential North District includes a significant open space (Bristol Central Park) in the north and a pedestrian-only greenway linkage connecting the residential areas to the mixed-use village core. The Bristol Central Park is tentatively programmed to include pickleball, volleyball, and basketball courts, the adventure playground, a dog park, a picnic area, and outdoor seating. Figure 7: Bristol Plaza8 Phase 1 of the Project includes The Bristol Green and The Bristol Plaza that create park-like settings in the center of the development adjacent to the proposed hotel. Pedestrian linkages are emphasized in the Specific Plan’s districts, with a system of local neighborhood streets, commercial shared streets, and residential shared streets providing pedestrian and vehicular access. These linkages include the Greenlink trail, which is envisioned to potentially include an Arroyo Walk through native vegetation, a garden area, and outdoor seating. The Greenlink trail will have a dedicated pedestrian path and shade with flowering trees, places for sitting and socializing, and walking paths to residences with adjoining front terraces and garden areas. The implementation of the Specific Plan will result in a significant increase in sustainability through the inclusion of open space and trees within the Project site. An overall drought-tolerant plant palette is anticipated to conserve water, reduce the heat sink effect, use efficient irrigation, and potentially utilize biofiltration mechanisms to treat rainwater. The proposed Bristol Central Park in Phase 3 includes approximately 2.5-acres of publicly accessible open space and will encompass open play areas, walkways, seating, and a private 8 Source: Related Bristol Specific Plan. Exhibit 10 City Council 26 – 463 10/1/2024 21 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO T HE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com recreation facility for the surrounding residential users. Bristol Central Park may also include an adventure playground, a dog park, a storm water garden for sustainable detention, outdoor fitness and sports courts, passive recreational areas, an extensive lawn area, a private clubhouse with a pool and spa, and outdoor dining and seating opportunities. Landscaping and amenity spaces may be placed on top of a parking structure or integrated into the structure using creative methods, provided they are physically separated from parking areas for safety. Safety standards include clear lines of sight, separation of conflicting and dissimilar uses, appropriate lighting, and walkways separated from automobile traffic. Community Benefits resulting from the Project’s proposed landscaping design are as follows: 1. The landscaping is designed to provide a central theme to the community and enhance the retail experience. 2. The lighting plan is designed to increase safety for both local residents and shoppers. 3. The proposed Project will include 13.5 acres of landscaped areas (about 33% of Project area) and landscaped surfaces that will reduce the heat sink phenomena and lower surface temperatures. 4. Bristol Central Park (2.5 acres), Bristol Green (0.66 acres), The Bristol Plaza (0.9 acres), and Greenlink trails (0.6 acres) will be available to both residents and the public. These areas are planned to be automobile free. 5. The Specific Plan encourages art in public places. 6. The Specific Plan mandates the construction of a biofiltration system to treat low-flow storm water and reduce the flow of off-site pollutants. K Air Quality Kimley-Horn and Associates, Inc. (“Kimley-Horn”), prepared the “Air Quality Assessment for the Related Bristol Specific Plan Project,” dated May 2023, for the City. Kimley-Horn concluded that upon completion, all General Plan air quality policies will be achieved. Please refer to Appendix B for a list of the policies. Figure 8: Bristol Central Park Exhibit 10 City Council 26 – 464 10/1/2024 22 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com The Community Benefits attained by implementing the City’s air quality program include: 1. Consistency with the City’s Climate Action Plan, development standards, new infill residential development goals, and transportation demand management goals. 2. Promotion of alternative transportation uses in the City, including pedestrian, bicycling, public transportation, car sharing programs, and other emerging technologies. 3. Support of transportation management goals requiring investment in improvements to the City’s Transportation Management System, including projects or programs that facilitate the flow of traffic and reduce traffic congestion. Traffic congestion may be reduced by encouraging public investment in low- or zero-emission vehicles and requiring continuing investment in low-emission or zero-emission vehicles to replace the City’s gasoline powered vehicle fleet. The Project will also implement sustainable infrastructure strategies, such as vehicle charging stations, drop-off areas for ridesharing services, secure bicycle parking, and transportation demand management programs. 4. Coordination with Orange County Transportation Authority (“OCTA”) employees and developers to utilize strategies and education to reduce vehicle trips and parking demands. 5. Incorporation of energy conservation design and construction of conservation features for new construction and rehabilitation projects encouraging business and industry to improve performance in energy efficiency, water conservation, and waste reduction programs. 6. Compliance with Transit-Oriented Development (“TOD”) goals for residential mixed-use development within the City’s district centers and urban neighborhoods and adjacent to high-quality transit facilities. 7. Requirement for private investment in active transportation infrastructure located adjacent to activity centers and residential neighborhoods promoting sports, fitness, walking, biking, and healthy lifestyles to reduce VMT, improve the Jobs/Housing Balance, and promote social interaction among residents. 9 Source: “Air Quality Assessment for the Related Bristol Specific Plan Project” dated May 2023 and prepared by Kimley-Horn. Figure 9: Bristol Green 9 Exhibit 10 City Council 26 – 465 10/1/2024 23 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com 8. Encouragement of sustainable land use strategies to reduce energy and water consumption, waste and noise generation, soil contamination, air quality impacts, and light pollution. 9. Bus service to the Santa Ana Metrolink and ARTIC train stations and John Wayne Airport. 10. Inclusion of natural processes to capture rainwater runoff by adopting policies to achieve sustainable electric power, including passive climate control systems. 11. Confirmation with policies of Federal, State, and regional agencies to identify and regulate the disposal and storage of hazardous materials, prevent the illegal transportation and disposal of hazardous waste, and facilitate the cleanup of contaminated sites. L Noise and Vibration Kimley-Horn prepared the “Acoustical Assessment for the Related Bristol Specific Plan Project,” dated May 2023, for the City. The report proposed numerous mitigation measures that should provide the following Community Benefits to the City: 1. Construction activity is limited to the hours between 7 AM to 8 PM, Monday through Saturday, as prescribed in the City’s Municipal Code Section 18-314(e), with the exception of concrete pour activities that might occur outside of these hours. Construction is prohibited on Sundays. 2. During the entire active construction period, equipment and trucks used for Project construction shall use the best available noise control techniques. For instance, the use of noise-producing signals, such as horns, whistles, alarms, and bells, shall be for safety and warning purposes only. 3. Preparation of detailed acoustical studies based on architectural plans shall be prepared by a qualified acoustical consultant to demonstrate compliance with the General Plan Noise Element. 4. The Project’s construction activities would be mitigated in order to reduce construction noise levels. Construction noise will be periodic and temporary noise impacts that will cease upon the completion of construction activities. M Greenhouse Gas (“GHG ”) Emissions Kimley-Horn prepared the “GHG Emissions Assessment for the Related Bristol Specific Plan Project” in May 2023. The purpose of a GHG emissions study is to identify if a project creates new air quality impacts that will result from the development of the site and, if so, whether there any mitigation measures available that may be implemented. The South Coast Air Quality Management District (“SCAQMD”) is the agency whose primary responsibility is to maintain a clean air policy by establishing and enforcing the control of GHG emissions. Kimley-Horn’s report studied the Project by applying SCAQMD standards, Exhibit 10 City Council 26 – 466 10/1/2024 24 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com both during construction and during post-construction operations, to review the impact on air quality resulting from development of the Project. The report suggests a list of mitigation steps that should be adopted by the Developer to reduce the air quality impacts. Its conclusion is as follows10: “It is generally the case that an individual project of this size and nature is of insufficient magnitude by itself to influence climate change or result in a substantial contribution to the global GHG inventory. GHG impacts are recognized as exclusively cumulative impacts; there are no non-cumulative GHG emission impacts from a climate change perspective. The additive effect of Project-related GHGs would not result in a reasonably foreseeable cumulatively considerable contribution to global climate change. In addition, the proposed Project, as well as other cumulative related projects, would be subject to all applicable regulatory requirements, which would further reduce GHG emissions. The proposed Project would be consistent with the applicable GHG reduction plans, including City’s CAP, SCAG’s Connect SoCal, and the CARB Scoping Plan. As a result, the Project would not conflict with any applicable GHG reduction plans and the Project’s cumulative contribution of GHG emissions would be less than cumulatively considerable.” N Pedestrian and Bicycle-Oriented Improvements By combining residential and retail components within a 41-acre parcel, the Project will encourage pedestrian activity through the creation of a pedestrian-only green linkage that will connect major public open spaces and other uses throughout the entire Project. Bicycle mobility, including the use of scooters, is currently provided via Class II bike lanes located along South Bristol Street. Proposed South Bristol Street improvements include upgrading the southbound bike lane to a Class I bike lane, which includes a planted buffer separation between vehicular and bicycle travel lanes, in conjunction with commercial, office, and residential spaces implementing like-minded projects. Proposed West MacArthur Boulevard improvements include the construction of Class II bike lane. Community Benefits to be realized from pedestrian-oriented improvements include the following: 1. Reduction in VMT and related air quality impacts; 2. Creation of a safe environment for pedestrians, especially if the Project meets its intended goals of active day and nighttime activity; and 3. Reduction of the requirement for parking spaces to support residential and retail uses. 10 “GHG Emissions Assessment for the Related Bristol Specific Plan Project,” dated May 2023, prepared by Kimley-Horn. Exhibit 10 City Council 26 – 467 10/1/2024 25 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com O Transportation The Project is consistent with the land uses in the Regional Transportation Plan/Sustainable Communities Strategy monitored by the OCTA, which assumed the site would be constructed as an urban mixed-use development that would reduce VMT. Connect SoCal recognizes that development within Priority Growth Areas supports mode shift and shortened trip distances. The Project site is located within an identified Priority Growth Area in which urban development can contribute to reduced VMT and associated emissions. Priority Growth Areas are located close to existing or proposed public transit facilities and are specified for new homes, jobs, and community amenities. They are designed to allow residents to live car-free or car-light. The development of the Project will provide sufficient local-serving and destination retail uses, residential opportunities, workplaces, and entertainment amenities within a centralized commercial core to enable residents and shoppers to reduce reliance on vehicular travel. Currently, there are six existing bus stops present on the Specific Plan area frontage. Roadways adjacent to community spaces, next to commercial corridors, or within heavily residential areas of the planning area will incorporate traffic-calming measures such as striping, paving materials (i.e., cobbles or bricks), bulb outs, and other traffic-calming measures to slow speeding vehicles and prioritize safe pedestrian and bicycle travel. There are bus stops on Sunflower Avenue, South Bristol Street, and MacArthur Boulevard that can connect to the 66 bus lines servicing Orange County. For example, there is a bus route that runs from the Project site to the Santa Ana Metrolink station (and Amtrak) and further to the ARTIC station (Amtrak and Metrolink). There is also a bus route that runs from MacArthur Boulevard to John Wayne Airport. The proposed Bristol Street improvements include upgrading the southbound bike lane to a Class I bike lane, which encompasses a planted buffer separation between vehicular and bicycle travel lanes. Bicycle racks will be provided in conjunction with commercial, office, and residential projects. For improvements on MacArthur Boulevard and Sunflower Avenue along Project site frontage, Class II bike lanes are planned, consistent with the City’s Bikeway Master Plan. Bicycle storage should be located at the front of each building or in common open spaces. Bike lockers are also planned to be located in parking structures. Community Benefits related to the Project’s proposed transportation system include the following: 1. The Specific Plan will reduce VMT per service population in accordance with the Regional Transportation Plan/Sustainable Communities Strategy; 2. Promotion of a walkable community; 3. Encouragement of the increased use of bicycles and scooters; 4. Promotion of current traffic standards that relate to increased public safety; and 5. Installation of a Class I bike lane on Bristol Street. Exhibit 10 City Council 26 – 468 10/1/2024 26 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com P Multimodal Network The Developer will facilitate connections to existing transit lines on the adjacent streets to support local and regional connectivity and help reduce dependency on single-occupancy vehicle travel. Community Benefits of the proposed multimodal network include: 1. Connectivity of existing public transportation to existing and proposed Citywide and Countywide systems. 2. The integration of a multimodal network in this area should reduce traffic trips and VMT; 3. The multimodal network will reduce noise and air pollution; 4. Potential connection to John Wayne Airport; and 5. Connectivity to the Metrolink station in downtown Santa Ana. Appendix C includes a list of proposed infrastructure improvements. Q Parking A series of large subterranean parking structures is anticipated to cover the majority of the district, providing shared parking among the mixed uses of the Specific Plan. Shared parking should reduce the number of required parking spaces since residential users have a greater need for parking in the evening while retail users require parking during the day. In addition, the Project site will feature electric vehicle charging stations throughout the development. Figure 10: Proposed Underground Parking Exhibit 10 City Council 26 – 469 10/1/2024 27 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Community Benefits of the proposed parking facilities include: 1. Underground parking provides for higher density residential and retail programs; 2. The shared parking concept should provide adequate parking 24 hours a day while at the same time reducing the overall parking footprint; 3. The City will obtain financial benefits from parking fees paid by tenants and retail customers; 4. Underground parking will make it convenient for shoppers to easily access shops located directly above the parking spaces and reduce the time necessary to walk from an open parking lot to the developed areas; 5. Parking will lessen resident and visitor dependency on vehicles within the Specific Plan area; and 6. Construction of electric vehicle charging stations will improve air quality by encouraging the use of electric vehicles. R Land Development Infrastructure Improvements The Project conditions of approval are anticipated to require improvements to service the site using the following classifications: 1. Storm drainage and water quality management; 2. Water and water supply; 3. Wastewater treatment; 4. Reclaimed water; 5. Dry utilities; and 6. Solid waste. Although we have discussed some of the benefits described below in other sections, we have included them again here since they are part of the Project conditions of approval. The Community Benefits related to infrastructure include: 1. Improvements to the existing Storm Drain Master Plan system; 2. Improvements to the City’s water and sanitary sewer systems; 3. Construction of reclaimed water improvements; 4. Inclusion of Low-Impact Development Best Management Practices (“LID BMPs”); 5. Construction of an on-site administrative police substation; 6. Various street widenings; 7. Construction Class I and II bike trails; and 8. Intersection improvements at existing streets. Exhibit 10 City Council 26 – 470 10/1/2024 28 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com S Maintenance of Improvements The private maintenance association(s) shall be responsible for maintaining private driveways, parking, open space areas, recreation areas, common area signage, landscaping, irrigation, common areas, on-site sewers, on-site storm drains, water quality features (BMPs), and other responsibilities, as necessary. A substantial portion of site improvements that are usually dedicated to a public agency will be retained by a private maintenance association. Therefore, the City will not be responsible for the maintenance of these common area improvements. The Community Benefit arising from the maintenance of public areas through private contributions is that the City will not be required to fund these costs from its General Fund. Exhibit 10 City Council 26 – 471 10/1/2024 29 SECTION VII CONCLUSION Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com VII CONCLUSION The City will achieve substantial Community Benefits from the build-out of the Project, including both financial and quality-of-life improvements for new residents and other members of the Santa Ana community. The fiscal benefits will include new property taxes that may have a tax assessed value exceeding $2.0 billion dollars at build-out. Based upon an FIA prepared by DTA, the City’s General Fund will receive an annual surplus of $3.4 million (2023$) at build-out In addition to new property tax and property tax in lieu of VLFs totaling $6.2 million (2023$), the new TOT is initially projected to be about $1.9 and new direct and indirect sales tax revenues are estimated to total about $2.0 million. During the construction period (up to 10 years), estimated construction activity will generate approximately $2.6 billion of additional spending, most of which will be expended in the City. As a result of these expenditures, a total of 16,834 construction-related jobs will be created during the construction period. In addition, if the Specific Plan is completed as projected, it is anticipated that over $109.0 million in DIFs will be collected from the Project to fund regional infrastructure, with the large majority of these DIFs paid directly to the City. Finally, the Specific Plan proposes to either directly provide on-property operations and maintenance or reimburse the City for all or a portion of this burden. As described in the Project description presented in Section I, the City will also obtain quality-of-life benefits that will improve both the lives of residents residing in the Project’s boundaries and others living and working in the surrounding Santa Ana community. These benefits will include affordable housing, transportation and infrastructure improvements, parks and open space, community services, environmental protection, and improvements benefitting the cultural and community character of the City. Although the affordable housing impacts will not be finalized until a Development Agreement is negotiated between the City and Developer, it is the goal of both parties to work within the City’s established guidelines. The planned addition of 3,750 residential units, 350,000 SF of retail, 200 congregate care units, and a 250-room hotel will require modernization and upgrades for existing infrastructure, in addition to providing new facilities, such as parks and recreation facilities. The Project will also incorporate environmental design features, some required by current City standards and others offered by the Developer that are planned to reduce utility use and provide energy savings. These include solar generation and storage, landscaping, and energy-efficient building design. Other Community Benefits include the adoption of air quality measures, such as the reduction of GHGs, to improve health benefits for tenants and visitors to the area. The Project will also focus on transportation improvements to improve the walkability of the Project site and encourage multimodal coordination of roadways and the nearby air and rail connections. In all, the Project will provide significant Community Benefits to the greater Santa Ana community. Exhibit 10 City Council 26 – 472 10/1/2024 APPENDIX A EPD Solutions, Inc. Related Bristol at 3600 South Bristol Street Community Benefits Analysis Report SPECIFIC PLAN PERMITTED USES Exhibit 10 City Council 26 – 473 10/1/2024 A-1 APPENDIX A SPECIFIC PLAN PERMITTED USES Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com The following are uses that are permitted in the Specific Plan: Table A -1: Specific Plan Permitted Uses Permitted Use Type Notes Residential Uses Multifamily Apartments, Condominiums, Townhouses, Lofts, Tower(s), and Podium(s) Includes associated leasing offices and recreational/fitness facilities, as well as clubhouses and recreation buildings. Wood-burning fireplaces are not permitted in residential uses. Fire pits may be permitted in common areas. Rooftop amenities are permitted. Home Occupations Live-Work Units Senior Housing Care Uses Adult Daycare Congregate Care Convalescent Facility Continuum of Care Daycare/Childcare Commercial Uses Drive-Through Lanes Not Associated With Restaurants, Cafes, and Eating Establishments Commercial/Retail Including indoor and outdoor sales, department stores, and stores offering commercial services, such as appliance stores, bakeries, bookstores, food/grocery stores (retail market), pet stores, etc. Commercial Recreation Hospitality Including executive suites, guest suites, and long-term/extended stay, with commercial, day spa, and food/alcohol services incidental to the hotel use. Rooftop amenities, including dining, are permitted. Office Uses: Professional, Administrative, and Business Offices Providing Personal and Professional Services Including office use by architects/engineers, and similar uses. Medical Office Including surgical centers, urgent care, dentists, and optometrists. Service Uses Alcohol Sales for On-Site or Off-Site Consumption Associated With Food Service/Restaurant Off-Site or at a Bar Exhibit 10 City Council 26 – 474 10/1/2024 A-2 APPENDIX A SPECIFIC PLAN PERMITTED USES Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Permitted Use Type Notes Service-Oriented Office Uses, Including Insurance, Real Estate, Travel, Finance (Including ATMs), Creative Office Co-Working (WeWork, Common Desk, etc.), and Similar Uses Eating and Drinking Establishments Restaurants, cafes, and take-out permitted. Outdoor seating and dining associated with a restaurant or cafe is permitted. Fast Food/Quick Serve No extended hours or drive-through. Extended Hours for Food Uses Conditional Use Permit required. Gymnasiums and Fitness Clubs Massage Establishments (Day Spa) Massage Establishment Permit required. May be accessory to a hotel use. Adult businesses are not permitted. Personal Services Including dry cleaners, salons, small appliance repair, locksmiths, nail salons/beauty shops, tailors, and travel agencies. Postal Services Printing/Reprographics Transportation and Infrastructure Major Wireless Communication Facilities Utilities Public or private. Water Quality Features Other Parking Structures Above or Below-Ground Pushcarts Outdoor Retail Kiosks/Carts Food Vending vehicles/Food Trucks Museums and Science Centers Performing or Cultural Arts Club/Live entertainment Venues (Music Venue, Comedy Club, Nightclub, etc.) Community Assembly uses Public Utilities Including electric distribution substations, library, government offices, police substations, etc. Municipal uses Schools, Public and Private Preschool only. Theaters and Cinemas Including ancillary food and alcohol sales. Temporary Outdoor Activities and Structures Exhibit 10 City Council 26 – 475 10/1/2024 APPENDIX B EPD Solutions, Inc. Related Bristol at 3600 South Bristol Street Community Benefits Analysis Report SCAQMD POLICIES: CITY GENERAL PLAN Exhibit 10 City Council 26 – 476 10/1/2024 B-1 APPENDIX B SCAQMD POLICIES: CITY GENERAL PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com The City of Santa Ana General Plan is based on a vision statement and five core values established as part of an extensive community outreach effort. The following are relevant policies of the Santa Ana General Plan Update: A Mobility Element Policy 1.7 Proactive Mitigation. Proactively mitigate potential air quality, noise, congestion, safety, and other impacts from the transportation network on residents and business. Policy 1.8 Environmental Sustainability. Consider air and water quality, noise reduction, neighborhood character, and street-level aesthetics when making improvements to travelways. Policy 3.3 Safe Routes to Schools and Parks. Lead the development and implementation of safer routes to schools and parks by partnering with the school district, residents, property owners, and community stakeholders. Policy 3.4 Regional Coordination. Coordinate development of the City’s active transportation and transit network with adjacent jurisdictions, OCTA, and other appropriate agencies. Policy 3.5 Education and Encouragement. Encourage active transportation choices through education, special events, and programs. Policy 3.7 Complete Streets Design. Enhance streets to facilitate safe walking, bicycling, and other nonmotorized forms of transportation through community participatory design. Policy 4.1 Intense Development Areas. Program multimodal transportation and public realm improvements that support new development in areas along transit corridors and areas planned for high-intensity development. Policy 4.2 Project Review. Encourage active transportation, transit use, and connectivity through physical improvements and public realm amenities identified during the City’s Development Review process. Policy 4.3 Transportation Management. Coordinate with OCTA, employers, and developers to utilize TDM (transportation demand management) strategies and education to reduce vehicle trips and parking demands. Policy 4.5 Land Use Development Design. Ensure that building placement and design features create a desirable and active streetscape. Policy 4.6 Roadway Capacity Alternatives. Promote reductions in automobile trips and vehicle miles traveled by encouraging transit use and nonmotorized transportation as alternatives to augmenting roadway capacity. Policy 4.7 Parking. Explore and implement a flexible menu of parking options and other strategies to efficiently coordinate the response to parking demands. Exhibit 10 City Council 26 – 477 10/1/2024 B-2 APPENDIX B SCAQMD POLICIES: CITY GENERAL PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Policy 4.9 Air Pollution Mitigation. Consider land use, building, site planning, and technology solutions to mitigate exposure to transportation related air pollution. Policy 5.4 Green Streets. Leverage opportunities along streets and public rights-of-way to improve water quality through use of landscaping, permeable pavement, and other best management practices. Policy 5.6 Clean Fuels and Vehicles. Encourage the use of alternative fuel vehicles and mobility technologies through the installation of supporting infrastructure. B Community Element Policy 3.2 Healthy Neighborhoods. Continue to support the creation of healthy neighborhoods by addressing public safety, land use conflicts, hazardous soil contamination, incompatible uses, and maintaining building code standards. Policy 3.4 Safe Mobility. Promote the overall safety of multi-modal streets by developing local and regional programs that educate and inform motorists of non-motorized roadway users. Policy 3.7 Active Lifestyles. Support programs that promote sports, fitness, walking, biking and active lifestyles. C Conservation Element Policy 1.1 Regional Planning Efforts. Coordinate air quality planning efforts with local and regional agencies to meet State and Federal ambient air quality standards in order to protect all residents from the health effects of air pollution. Policy 1.3 Education. Promote efforts to educate businesses and the general public about air quality standards, reducing the urban heat island effect, health effects from poor air quality and extreme heat, and best practices they can make to improve air quality and reduce greenhouse gas emissions. Policy 1.4 Development Standards. Support new development that meets or exceeds standards for energy-efficient building design and site planning. Policy 1.5 Sensitive Receptor Decisions. Consider potential impacts of stationary and non-stationary emission sources on existing and proposed sensitive uses and opportunities to minimize health and safety risks. Develop and adopt new regulations on the siting of facilities that might significantly increase pollution near sensitive receptors within environmental justice area boundaries. Policy 1.6 New and Infill Residential Development. Promote development that is mixed-use, pedestrian-friendly, transit-oriented, and clustered around activity centers. Policy 1.7 Housing and Employment Opportunities. Improve the City’s Jobs/Housing Balance ratio by supporting development that provides housing and employment opportunities to enable people to live and work in Santa Ana. Exhibit 10 City Council 26 – 478 10/1/2024 B-3 APPENDIX B SCAQMD POLICIES: CITY GENERAL PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Policy 1.8 Promote Alternative Transportation. Promote use of alternate modes of transportation in the City of Santa Ana, including pedestrian, bicycling, public transportation, car sharing programs and emerging technologies. Policy 1.9 Public Investment Alternative Transportation Infrastructure. Continue to invest in infrastructure projects that support public transportation and alternate modes of transportation in the City of Santa Ana, including pedestrian, bicycling, public transportation, car sharing programs, and emerging technologies. Policy 1.10 Transportation Management. Continue to support and invest in improvements to the City’s Transportation Management System, including projects or programs that improve traffic flow and reduce traffic congestion. Policy 1.11 Public Investment in Low- or Zero Emission Vehicles. Continue to invest in low-emission or zero-emission vehicles to replace the City’s gasoline powered vehicle fleet and to transition to available clean fuel sources such as bio-diesel for trucks and heavy equipment. Policy 1.12 Sustainable Infrastructure. Encourage the use of low or zero emission vehicles, bicycles, non-motorized vehicles, and car-sharing programs by supporting new and existing development that includes sustainable infrastructure and strategies such as vehicle charging stations, drop-off areas for ridesharing services, secure bicycle parking, and transportation demand management programs. Policy 1.13 City Contract Practices. Support businesses and contractors that use reduced-emissions equipment for city construction projects and contracts for services, as well as businesses that practice sustainable operations. Policy 1.14 Transportation Demand Management. Require and incentivize projects to incorporate Transportation Demand Management (TDM) techniques. Policy 2.3 Resource Management. Efficiently manage soil and mineral resource operations to eliminate significant nuisances, hazards, or adverse environmental effects on neighboring land uses. Policy 3.3 Development Patterns. Promote energy efficient-development patterns by clustering mixed-use developments and compatible uses adjacent to public transportation. Policy 3.11 Energy-Efficient Transportation Infrastructure. Continue to support public and private infrastructure for public transportation such as bus routes, rail lines, and the OC Streetcar. D Land Use Element Policy 1.5 Diverse Housing Types. Incentivize quality infill residential development that provides a diversity of housing types and accommodates all income levels and age groups. Policy 1.6 Transit-Oriented Development. Encourage residential mixed-use development, within the City’s District Centers and Urban Neighborhoods, and adjacent to Exhibit 10 City Council 26 – 479 10/1/2024 B-4 APPENDIX B SCAQMD POLICIES: CITY GENERAL PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com high-quality transit. Policy 1.7 Active Transportation Infrastructure. Invest in active transportation connectivity between activity centers and residential neighborhoods to encourage healthy lifestyles. Policy 2.5 Benefits of Mixed Use. Encourage infill mixed-use development at all ranges of affordability to reduce vehicle miles travelled, improve Jobs/Housing Balance, and promote social interaction. Policy 2.10 Smart Growth. Focus high density residential in mixed-use villages, designated planning focus areas, Downtown Santa Ana, and along major travel corridors. Policy 3.8 Sensitive Receptors. Avoid the development of industry and sensitive receptors in close proximity to each other that could pose a hazard to human health and safety, due to the quantity, concentration, or physical or chemical characteristics of the hazardous materials utilized, or the hazardous waste an operation may generate or emit. Policy 3.9 Noxious, Hazardous, Dangerous, and Polluting Uses. Improve the health of residents, students, and workers by limiting the impacts of construction activities and operation of noxious, hazardous, dangerous, and polluting uses that are in close proximity to sensitive receptors, with priority given to discontinuing such uses within environmental justice areas boundaries. Policy 3.11 Air Pollution Buffers. Promote landscaping and other buffers to separate existing sensitive uses from rail lines, heavy industrial facilities, and other emissions sources. As feasible, apply more substantial buffers within environmental justice area boundaries. Policy 3.12 Indoor Air Quality. Require new sensitive land uses proposed in areas with high levels of localized air pollution to achieve good indoor air quality through landscaping, ventilation systems, or other measures. Policy 4.1 Complementary Uses. Promote complete neighborhoods by encouraging a mix of complementary uses, community services, and people places within a walkable area. Policy 4.3 Sustainable Land Use Strategies. Encourage land uses and strategies that reduce energy and water consumption, waste and noise generation, soil contamination, air quality impacts, and light pollution. Policy 4.5 VMT Reduction. Concentrate development along high-quality transit corridors to reduce vehicle miles traveled (VMT) and transportation related carbon emissions. E Safety Element Policy 2.1 Regional Collaboration. Consult and collaborate with federal, state, and regional agencies to identify and regulate the disposal and storage of hazardous materials, prevent the illegal transportation and disposal of hazardous waste, and facilitate the cleanup of contaminated sites. Exhibit 10 City Council 26 – 480 10/1/2024 B-5 APPENDIX B SCAQM D POLICIES: CITY GENERAL PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Policy 2.2 Hazardous Waste Generators. Collaborate with appropriate agencies to identify and inventory all users and handlers of hazardous materials to proactively mitigate potential impacts. Policy 2.3 Transportation and Storage. Coordinate with the County of Orange, the California Department of Transportation, and other relevant parties to enforce state and local laws regulating the storage and transport of hazardous materials within the City of Santa Ana, and limit truck routes through the City to arterials streets away from natural habitats and sensitive land uses. Policy 2.4 Planning and Remediation. Determine the presence of hazardous materials and/or waste contamination prior to approval of new uses and require that appropriate measures be taken to protect the health and safety of site users and the community. Policy 2.6 Existing Sensitive Uses. Partner and collaborate with property owners, businesses, and community groups to develop strategies to protect and minimize risks from existing hazardous material sites to existing nearby sensitive uses with priority given to discontinuing such uses within environmental justice area boundaries. Urban Design Element Policy 1.6 Active Transportation Infrastructure. Support the creation of citywide public streets and site amenities that accommodate and promote an active transportation-friendly environment. Policy 3.10 Coordinated Street Improvement Plans. Coordinate citywide landscape medians and street trees with land use plans and development projects. Policy 5.4 Intersections for all Travel Modes. Strengthen active transportation connections and amenities at focal intersections to promote a pleasant and safe experience for non-motorized forms of travel. F Open Space Element Policy 2.5 Air Quality and Heat. Coordinate park renovation and development to address air quality and climate impacts by reducing heat island effect by providing green infrastructure and shade, and reducing air pollution by providing vegetation that removes pollutants and air particles. Policy 3.5 Landscaping. Encourage the planting of native and diverse tree species in public and private spaces to reduce heat island effect, reduce energy consumption, and contribute to carbon mitigation. Policy 3.6 Sustainable Parks and Facilities. Integrate drought tolerant or native plantings, water-wise irrigation, design and maintenance efficiencies, and sustainable development practices to reduce water use and energy consumption. Policy 3.7 Urban Forest. Maintain, preserve, and enhance the City’s urban forest as an environmental, economic, and aesthetic resource to improve residents’ quality of life. Exhibit 10 City Council 26 – 481 10/1/2024 APPENDIX C EPD Solutions, Inc. Related Bristol at 3600 South Bristol Street Community Benefits Analysis Report PROPOSED INFRASTRUCTURE IMPROVEMENTS Exhibit 10 City Council 26 – 482 10/1/2024 C-1 APPENDIX C PROPOSED INFRASTRUCTURE IMPROVEMENTS Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Community Benefits of land development infrastructure improvements include the following: 1. The Storm Drain Master Plan recommends upgrades to the City’s storm drain system at Sunflower Avenue (54-inch and 60-inch to a 72-inch) and S. Plaza Drive (36-inch and 42-inch to 42-, 54-, and 60-inch). 2. LID BMPs will be implemented through site design measures and source controls to reduce pollutants in storm water discharges. LID BMPs are engineered facilities that are designed to retain or biotreat runoff on the Project site. 3. Modular wetlands are included as a method of biotreatment. Modular wetlands are proprietary biotreatment systems that utilize multi-stage treatment processes including screening media filtration, settling, and biofiltration. 4. The existing 12-inch waterline in Callen’s Common will be replaced and new connections will be provided for the proposed on-site water facilities. The existing connections of the waterline in Callen’s Common at South Plaza Drive and South Bristol Street will be replaced with new connections to the existing mains. 5. As part of Project implementation, an administrative police substation (no transfers or bookings) will be located within the Specific Plan area. 6. Projects to be developed within the Specific Plan area will pay statutory school fees at the time of building permits unless otherwise provided for as part of an agreement with the Santa Ana School District. Based upon preliminary unit sizes and assuming school fees do not escalate, the residential school impact fee is estimated to be about $15,000,000 and the commercial school fee is estimated to be $273,000. Anticipated improvements for the South Bristol Street public right of way include the following: 1. Widened parkway, tree-lined streets, and planted setback areas; 2. New curb cuts for ingress/egress to/from Bristol Street; 3. Potential right-of-way dedication for deceleration lanes; 4. Potential median modifications; 5. Potential signalization of the driveway between Callen’s Common and Sunflower Avenue; and 6. Construction of bikeway improvements per the City’s design. Planned improvements for West MacArthur Boulevard include the following: 1. Addition of an intersection for a new north/south local neighborhood street (Bristol Paseo); 2. Curb cut at the intersection of the residential shared street; Exhibit 10 City Council 26 – 483 10/1/2024 C-2 APPENDIX C PROPOSED INFRASTRUCTURE IMPROVEMENTS Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com 3. Potential right-of-way dedication for deceleration lanes; 4. Installation of Class II bike lanes per the City’s Mobility Element; and 5. Planted setback areas and tree-lined streets. Planned improvements for South Plaza Drive on the Specific Plan frontage include the following: 1. New curb cuts for ingress/egress; and 2. Planted setback areas and tree-lined streets. Planned improvements for Sunflower Avenue include the following: 1. Potential median modification and/or signalization of the proposed Bristol Paseo driveway, subject to improvements/realignment of South Coast Plaza driveway; 2. Potential right-of-way dedication for deceleration lanes; 3. Construction of westbound right-turn lane at the proposed Bristol Paseo and proposed valet drop-off driveway, as well as at the proposed neighborhood street; 4. Installation of Class II bike lanes per the City’s Mobility Element. Planned improvements for Callen’s Common include the following: 1. Expanded parkway improvements with tree-lined streets and improved sidewalk conditions; 2. Greenlink pedestrian crossing; 3. Reduction of travel lanes to a two-lane street between South Plaza Drive and Bristol Paseo to allow for on-street parking; 4. Drop-off and loading areas; 5. Addition of a 6’ to 8’ foot wide sidewalk on both sides of the roadway; and 6. Potential signalization of Callen’s Common and South Plaza Drive. The table below indicates payments related to Bristol Street improvements that will be reimbursed to the City for following intersections listed below. Table C-1: Related Bristol Fair Share Payments Intersection Fair Share % Fairview Street at Segerstrom Ave. 4.18% Bristol street at Segerstrom Ave. 11.81% Main Street at MacArthur Blvd. 19.96% Bear Street at SR73 Northbound Ramps 3.79% Exhibit 10 City Council 26 – 484 10/1/2024 18201 VON KARMAN AVENUE, SUITE 220 IRVINE, CA 92612 PHONE: (800) 969-4DTA Public Finance Public-Private Partnerships Development Economics Clean Energy Bonds www.FinanceDTA.com Exhibit 10 City Council 26 – 485 10/1/2024 Exhibit 10 City Council 26 – 486 10/1/2024 www.FinanceDTA.com 18201 Von Karman Avenue, Suite 220 Irvine, CA 92612 EPD SOLUTIONS, INC. LAND RESIDUAL VALUE STUDY REPORT RELATED BRISTOL AT 3600 SOUTH BRISTOL STREET CITY OF SANTA ANA, CA Prepared for: EPD Solutions, Inc. 3333 Michelson Drive, Suite 500 Irvine, CA 92612 Attention: Jeremy Krout Public Finance Public-Private Partnerships Development Economics Clean Energy Bonds Exhibit 10 City Council 26 – 487 10/1/2024 TABLE OF CONTENTS SECTION PAGE I PROJECT INFORMATION ....................................... 1 II LRV OF THE PROJECT ........................................... 8 III PROJECT ASSUMPTIONS .................................... 14 IV LAND IMPROVEMENT INDIRECT COSTS ......... 17 V LAND IMPROVEMENT DIRECT COSTS ............. 23 VI VERTICAL COSTS .................................................. 30 VII INDIR ECT COSTS .................................................. 31 VIII MARKETING COSTS .............................................. 32 IX FINANCE COSTS .................................................... 33 X CONCLUSION ........................................................ 34 Exhibit 10 City Council 26 – 488 10/1/2024 1 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com I PROJECT INFORMATION DTA was engaged to conduct a Land Residual Value (“LRV”) Study (the “Study”) for the Related Bristol Specific Plan project (the “Project”) located in the City of Santa Ana (the “City”), California, on behalf of EPD Solutions, Inc. (the “Client”). The purpose of this LRV analysis is to determine whether the Project to be developed by RCR Bristol, LLC (the “Developer”) is financially feasible. This Land Residual Study Report (“Report”) was prepared to provide the City with a summary of applicable financial assumptions that were utilized by DTA to support the Related Bristol Specific Plan’s (“Specific Plan’s”) LRV. DTA was not provided with cost information to prepare this LRV. Instead, we have integrated information contained in DTA’s Draft Market Study Report dated July 3, 2023. The basis of our costs for the LRV were the Specific Plan and the incorporation of costs developed from a database of information for similar projects provided by the firm Land Optimization Strategies and its President, Barry Gross. Based upon the assumptions presented in this Report, DTA concluded that the Net Asset Value (“NAV”) of the Project exceeds its costs by $597,895,000. Table 1: NAV Summary Description Value Total NAV $2,377,266,000 Total Costs ($1,779,371,000) Excess of NAV Over Costs $597,895,000 DTA’s land residual model includes a substantial number of assumptions to support our findings. The focus of this Report is to discuss the general assumptions that support the LRV for the complete build-out of the Project. The Project site includes Income-Producing Properties (“IPP”) expected to comprise 3,750 dwelling units, 350,000 square feet (“SF”) of retail space, a 250-room hotel, and a 200-bed congregate care facility, as well as roadways, parks, and open space. The Project at build-out is anticipated to provide 3,896 parking spaces, the majority of which will be underground. The Specific Plan area is located north of Interstate 405 (the San Diego Freeway) and west of State Route 55 (the Orange Freeway). The adjacent streets are Sunflower Avenue to the south, South Bristol Street to the east, South Plaza Drive to the west, and West Sunflower to the south, which is the boundary between the Cities of Santa Ana and Costa Mesa. The intersection of South Bristol Street and West Sunflower Avenue will include the construction of a monument establishing an entrance to Santa Ana, including architecture and landscape elements that will establish a notable entry into the City. The current use of the 41.0-acre site includes 465,000 SF of retail space, some of which is vacant, underutilized, or obsolete. The City had a vision for the redevelopment of this property and updated its General Plan to accommodate a different type of development Exhibit 10 City Council 26 – 489 10/1/2024 2 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com targeting the look and feel of an urban village. One of the primary goals of an urban village setting is that residents can walk within the community to both local-serving retail and recreational amenities. The Developer responded to the City's desires by targeting a Project design that would both achieve the desired urban feeling while offering an economically successful project. The plan is to develop a dense urban village with ground-floor retail in all the residential buildings. The Specific Plan is designed to harmonize with the high-rise office buildings in the Arts District to the east. Another benefit of the program is that at build-out, there could be as many as 6,750 residents living in the village who would shop at the proposed 350,000 SF of retail. Figure 1: Artist’s 3-D Rendering of Project We based our product mix on the approved Specific Plan. Based upon an artist’s rendering of the site (as shown in Figure 1), we estimated the height of the buildings. It was assumed that all multifamily buildings would include ground-floor retail. A 250-room upscale hotel, with approximately 20 stories, is anticipated to be developed in the southwest corner of the Project site. The Specific Plan also proposes a 20-story, 200-unit congregate care facility to be built-out in Phase 1. As stated in the Specific Plan, DTA based our model on the understanding that the Project shall be completed in three phases, as shown in Table 2. Table 2: Project Schedule Activity Start/End Phase 1 Phase 2 Phase 3 Approved TTMs Start June 2022 June 2022 June 2022 End December 2025 December 2025 December 2025 Horizontal Construction Start December 2025 June 2029 March 2032 End June 2029 December 2031 June 2034 Vertical Construction Start June 2026 December 2029 September 2032 End March 2030 December 2032 May 2035 Sales Start March 2027 September 2030 June 2033 End March 2030 December 2032 May 2035 Exhibit 10 City Council 26 – 490 10/1/2024 3 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com The timing and cash flow related to the Specific Plan’s financial analysis starts as of June 2023. DTA assumed that the processing of Tentative Tract Maps or parcel maps (collectively referred to as “TTMs” in this Report) would commence after the completion of a Development Agreement (“DA”) between the City and Developer. It is expected that a DA will be negotiated between the City and Developer. However, at the time of the NAV preparation, the DA was not completed. As a result, we did not anticipate specific terms and instead predicted general assumptions contained in similar DAs. An important assumption we made was that the DA would not address any credits for Development Impact Fees (“DIFs”). In our analysis, we assumed that the Developer would not be providing low-income housing units but would instead incur the Santa Ana Housing In-Lieu Fee of $15.00 per SF, totaling approximately $50,625,000 upon the build-out of the Project. The LRV assumes the Developer will pay all costs to be incurred from today through lease-up, allowing DTA to determine each block’s NAV. This includes the Developer completing the TTMs, preparation of approved engineering plans, payment of all DIFs, construction of all site development improvements, and construction of all the buildings. At the time the buildings achieve full occupancy, we assume they will be valued at their respective NAV(s). Often, in a project of this size, a developer may sell separate parcels to third-party developers and builders. Although this will reduce the overall profit to the developer, often an early sale to a third party will return invested capital and increase other financial metrics, such as an increased Internal Rate of Return (“IRR”) and Net Present Value (“NPV”) of the development program. It also allows a developer to spread financial risk. We have been informed that the property will be encumbered by a 99-year ground lease. Since most home buyers are not interested in purchasing a home on leased land, the residential development will be targeted to rental tenants. Exhibit 10 City Council 26 – 491 10/1/2024 4 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com From the CoStar site, DTA obtained information about the market for both County and multifamily products within a 2-mile radius of the Project site. In this Report, we will refer to the area within 2 miles of the site as the “2-Mile Zone.” The model assumes multifamily rental units will be delivered to the market beginning in March 2027 and ending in May 2035. There have been few apartment projects opened in the 2-Mile Zone in recent years, and rental vacancies in an area within the 2-Mile Zone are below 2.0%. We concluded that the rental units will be absorbed as they are delivered to the marketplace. It is also important to note that the 2-Mile Zone's market area cap rate for completed multifamily project sales is about 4.0%, as provided by CoStar, a data information company that provided the market information DTA evaluated for the NAV study. Please note that forecasted multifamily cap rates are not projected to increase above 4.0% in the foreseeable future. That said, while cap rates for multifamily projects in California and across the United States have been increasing as a result of generally higher 10-year Federal government or agency bond (“Government Bond”) interest rates, the impact has not been experienced in the City’s 2-Mile Zone. The model assumptions do not include price appreciation or cost inflation to comply with existing underwriting standards. Figure 2: Multifamily Market Cap Rate Exhibit 10 City Council 26 – 492 10/1/2024 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 3: Summary of LRV by Phase Description Quantity Phase 1 Phase 1 - % Phase 2 Phase 2 - % Phase 3 Phase 3 - % Total Total Revenues Apartment 3,750 DU $1,183,134,000 77.23% $396,868,000 86.87% $287,318,000 73.97% $1,867,320,000 78.55% Commercial 350,000 SF $99,921,000 6.52% $46,680,000 10.22% $72,236,000 18.60% $218,837,000 9.21% 250 Rooms $94,619,000 6.18% $0 0.00% $0 0.00% $94,619,000 3.98% Congregate 200 Rooms $106,470,000 6.95% $0 0.00% $0 0.00% $106,470,000 4.48% Parking Structures 3,896 Spaces $47,860,000 3.12% $13,280,000 2.91% $28,880,000 7.43% $90,020,000 3.79% Total Revenues $1,532,004,000 100.00% $456,828,000 100.00% $388,434,000 100.00% $2,377,266,000 100.00% Costs Apartment $897,332,000 75.84% $307,937,000 77.59% $231,494,000 80.57% $1,436,763,000 76.94% Commercial $38,378,000 38.41% $19,885,000 42.60% $32,433,000 44.90% $90,696,000 41.44% $71,326,000 75.38% $0 0.00% $0 0.00% $71,326,000 75.38% Congregate $69,462,000 65.24% $0 0.00% $0 0.00% $69,462,000 65.24% Parking Structures $52,404,000 109.49% $18,084,000 136.17% $40,636,000 140.71% $111,124,000 123.44% Total Costs $1,128,902,000 73.69% $345,906,000 75.72% $304,563,000 78.41% $1,779,371,001 74.85% NAV Apartment $285,802,000 24.16% $88,931,000 22.41% $55,824,000 19.43% $430,557,000 23.06% Commercial $61,543,000 61.59% $26,795,000 57.40% $39,803,000 55.10% $128,141,001 58.56% $23,293,000 24.62% $0 0.00% $0 0.00% $23,293,000 24.62% Congregate $37,008,000 34.76% $0 0.00% $0 0.00% $37,008,000 34.76% Parking Structures ($4,544,000) (9.49%) ($4,804,000) (36.17%) ($11,756,000) (40.71%) ($21,104,000) (23.44%) Excess of NAV Over Costs $403,102,000 26.31% $110,922,000 24.28% $83,871,000 21.59% $597,895,002 25.15% Exhibit 10 City Council 26 – 493 10/1/2024 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 4: Summary of LRV by Product Type Description Apartment Apartment - % of Revenues Commercial Commercial - % of Revenues Hotel Hotel - % of Revenues Congregate Care Congregate Care - % of Revenues Community Center Backbone Total $1,942,820,000 100.00% $218,837,077 100.00% $109,138,529 100.00% $106,470,000 100.00% $0 $0 $2,377,265,606 evelopment Soft Costs ($19,995,221) (1.03%) ($1,957,771) (0.89%) ($938,066) (0.86%) ($124,933) (0.12%) ($2,986,887) ($541,208) ($26,544,086) ($116,245,415) (5.98%) ($8,997,782) (4.11%) ($10,150) (0.01%) ($5,346) (0.01%) ($93,676) $0 ($125,352,369) Land Development Hard Costs ($161,556,570) (8.32%) ($960,804) (0.44%) ($5,544,304) (5.08%) ($728,755) (0.68%) ($19,271,438) ($7,719,318) ($195,781,188) Backbone Allocation by Sale % ($18,689,409) (0.96%) ($2,637,996) (1.21%) ($981,940) (0.90%) ($957,931) (0.90%) $15,006,749 $8,260,526 $0 Lot Improvement Cost ($316,486,614) (16.29%) ($14,554,352) (6.65%) ($7,474,460) (6.85%) ($1,816,965) (1.71%) ($7,345,252) $0 ($347,677,643) al Construction Costs ($1,073,756,400) (55.27%) ($59,237,437) (27.07%) ($56,560,000) (51.82%) ($59,388,000) (55.78%) $0 $0 ($1,248,941,837) ($96,091,348) (4.95%) ($11,473,692) (5.24%) ($4,943,883) (4.53%) ($5,614,827) (5.27%) $0 $0 ($118,123,749) Marketing and Sales ($9,736,069) (0.50%) ($218,837) (0.10%) ($94,619) (0.09%) ($106,470) (0.10%) $0 $0 ($10,155,994) ($44,470,531) (2.29%) ($5,211,641) (2.38%) ($2,253,356) (2.06%) ($2,535,600) (2.38%) $0 $0 ($54,471,128) Total Costs ($1,540,540,962) (79.29%) ($90,695,959) (41.44%) ($71,326,317) (65.35%) ($69,461,862) (65.24%) ($7,345,252) $0 ($1,779,370,352) Land Residual Value $402,279,038 20.71% $128,141,118 58.56% $37,812,212 34.65% $37,008,138 34.76% ($7,345,252) $0 $597,895,254 Exhibit 10 City Council 26 – 494 10/1/2024 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 5: Project’s Annual Cash Flow Total % Total Dec-23 Dec-24 Dec-25 Dec-26 Dec-27 Dec-28 Dec-29 Dec-30 Dec-31 Dec-32 Dec-33 Dec-34 Total Builder Sales Plus Inflation $2,287,246 100.00% $0 $0 $0 $0 $12,132 $396,885 $623,097 $298,004 $154,026 $118,665 $324,883 $2,020 Total Other Revenues $90,020 3.94% $0 $0 $0 $0 $0 $22,260 $13,600 $7,820 $4,180 $3,420 $9,860 $0 Total Revenues $2,377,266 103.94% $0 $0 $0 $0 $12,132 $419,145 $636,697 $305,824 $158,206 $122,085 $334,743 $2,020 Land Improvement Soft Costs ($151,896) (6.64%) ($692) ($2,843) ($2,917) ($2,917) ($22,227) ($12,265) ($32,284) ($22,626) ($932) ($20,825) ($8,408) ($4,524) Land Improvement Direct Costs ($195,781) (8.56%) $0 $0 $0 $0 ($42,243) ($33,476) ($15,122) ($13,467) ($10,354) ($8,866) ($21,605) ($29,443) Vertical Construction Costs ($1,248,942) (54.60%) $0 $0 $0 $0 ($148,515) ($179,814) ($281,871) ($180,328) ($29,478) ($136,930) ($105,218) ($34,969) ($118,124) (5.16%) ($2,019) ($4,001) ($4,085) ($4,176) ($8,545) ($15,334) ($16,165) ($13,400) ($10,473) ($10,384) ($11,259) ($7,665) ($10,156) (0.44%) $0 $0 $0 $0 ($673) ($1,577) ($2,690) ($1,722) ($511) ($959) ($1,286) ($263) ($54,471) (2.38%) ($10,593) ($1,052) ($1,566) ($2,120) ($4,849) ($10,228) ($5,915) ($2,173) ($698) ($3,884) ($3,435) ($1,488) Total Costs ($1,779,370) (77.80%) ($13,304) ($7,896) ($8,568) ($9,213) ($227,052) ($252,693) ($354,046) ($233,716) ($52,447) ($181,849) ($151,211) ($78,352) Total Cash Flow $597,896 21.01% ($13,304) ($7,896) ($8,568) ($9,213) ($214,920) $166,451 $282,651 $72,109 $105,760 ($59,764) $183,531 ($76,333) Cumulative Cash Flow Peak Capital ($257,544) ($13,304) ($21,200) ($29,768) ($38,982) ($253,901) ($87,450) $195,200 $267,309 $373,069 $313,305 $496,836 $420,503 Exhibit 10 City Council 26 – 495 10/1/2024 8 SECTION II LRV OF THE PROJECT Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com II LRV OF THE PROJECT DTA prepared a market study, dated July 3, 3023, for the residential, retail, hotel, and congregate care products included in the Project. The Project’s NAV is summarized below. Table 6 : NAV of the Project Description Quantity Phase 1 Phase 2 Phase 3 Total Apartment 3,750 DU $1,183,134,000 $396,868,000 $287,318,000 $1,867,320,000 Commercial 350,000 SF $99,921,000 $46,680,000 $72,236,000 $218,837,000 Hotel 250 Rooms $94,619,000 $0 $0 $94,619,000 Congregate 200 Rooms $106,470,000 $0 $0 $106,470,000 Parking Structures $47,860,000 $13,280,000 $28,880,000 $90,020,000 Total Revenues $1,532,004,000 $456,828,000 $388,434,000 $2,377,266,000 Below is a summary of the NAV for residential uses. Exhibit 10 City Council 26 – 496 10/1/2024 SECTION II LRV OF THE PROJECT Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 7: NAV for Residential Uses Description Units Market Rent per SF Rent Premiums Unit SF Market Rent per Unit Vacancy per Unit Net Operating Expenses per Unit Capital Reserve per Unit Net Operating Income per Unit Market Cap Rate Market Price per Unit 4.00% 5.00% 35.00% 3.00% Block 1 Residential 108 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 2 Residential 105 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 3 Residential 202 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 6 Residential 170 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 7 Residential 373 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 8 Residential 88 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 9 Residential 106 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 10 Residential 222 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 11 Residential 552 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 12 Residential 289 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 14 Residential 680 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 15 Residential 222 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 18 Residential 335 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 19 Residential 298 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Totals 3,750 DU $3.50 $0.14 3,375,000 SF $12,285,000 ($614,250) ($4,299,750) ($368,550) $7,002,450 4.50% $498,000 $1,867,500,000 Exhibit 10 City Council 26 – 497 10/1/2024 SECTION II LRV OF THE PROJECT Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 8: NAV for Retail Products Block SF Monthly Rent Scheduled Rent Vacancy Net Operating Expenses Capital Reserve Vacancy Oper. Exp. and Cap Reserve Net Operating Income Market Cap Rate Block 11 - Ground-Floor Retail 31,004 SF $3.00 SF/Mth $1,116,144 5.00% 10.00% 3.00% ($200,906) $915,238 4.75% $19,268,000 Block 12 - Ground-Floor Retail 16,216 SF $3.00 SF/Mth $583,776 5.00% 10.00% 3.00% ($105,080) $478,696 4.75% $10,078,000 Retail - Grocery Anchored 38,269 SF $3.00 SF/Mth $1,377,684 5.00% 10.00% 3.00% ($247,983) $1,129,701 4.50% $25,104,000 Block 15 - Ground-Floor Retail 12,454 SF $3.00 SF/Mth $448,344 5.00% 10.00% 3.00% ($80,702) $367,642 4.75% $7,740,000 Block 18 - Ground-Floor Retail 18,810 SF $3.00 SF/Mth $677,160 5.00% 10.00% 3.00% ($121,889) $555,271 4.75% $11,690,000 Block 19 - Ground-Floor Retail 16,735 SF $3.00 SF/Mth $602,460 5.00% 10.00% 3.00% ($108,443) $494,017 4.75% $10,400,000 - Neighborhood Retail 25,167 SF $3.00 SF/Mth $906,012 5.00% 10.00% 3.00% ($163,082) $742,930 4.75% $15,641,000 - Ground-Floor Retail 19,070 SF $3.00 SF/Mth $686,520 5.00% 10.00% 3.00% ($123,574) $562,946 4.75% $11,852,000 - Ground-Floor Retail 35,156 SF $3.00 SF/Mth $1,265,616 5.00% 10.00% 3.00% ($227,811) $1,037,805 4.75% $21,849,000 Block 10 - Ground-Floor Retail 20,886 SF $3.00 SF/Mth $751,896 5.00% 10.00% 3.00% ($135,341) $616,555 4.75% $12,980,000 - Ground-Floor Retail 21,794 SF $3.00 SF/Mth $784,584 5.00% 10.00% 3.00% ($141,225) $643,359 4.75% $13,544,000 - Ground-Floor Retail 21,015 SF $3.00 SF/Mth $756,540 5.00% 10.00% 3.00% ($136,177) $620,363 4.75% $13,060,000 - Ground-Floor Retail 34,247 SF $3.00 SF/Mth $1,232,892 5.00% 10.00% 3.00% ($221,921) $1,010,971 4.75% $21,284,000 - Ground-Floor Retail 17,772 SF $3.00 SF/Mth $639,792 5.00% 10.00% 3.00% ($115,163) $524,629 4.75% $11,045,000 - Ground-Floor Retail 21,405 SF $3.00 SF/Mth $770,580 5.00% 10.00% 3.00% ($138,704) $631,876 4.75% $13,303,000 Total 350,000 SF $12,600,000 ($2,268,000) $10,332,000 4.72% $218,838,000 Exhibit 10 City Council 26 – 498 10/1/2024 11 SECTION II LRV OF THE PROJECT Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Based upon DTA’s review of CoStar data, we assumed a market cap rate for retail property of 4.75%. Although cap rates for retail products have risen recently, we concluded that the Project will benefit from the projected 6,750 new tenants in the urban village setting. Therefore, we adjusted the cap rate to approximately 5.5% due to the number of captive consumers anticipated to live in the residential units in the urban village. Figure 3 : Retail Property Cap Rate Below is a summary of anticipated revenues and expenses of the 250-room upscale hotel product. Table 9: NAV for the Hotel Hotel % RevPAR Daily Room Rent Annual Revenue % of Total Rooms 250 Base Room Rent $210.00 $19,162,500 104.66% Vacancy (30.00%) ($5,748,750) (31.40%) RevPAR $147.00 $13,413,750 73.26% Food Sales 16.00% $23.52 $2,146,200 11.72% Beverage Sales 7.50% $11.03 $1,006,031 5.49% Technology 3.00% $4.41 $402,413 2.20% Minor Departments 10.00% $14.70 $1,341,375 7.33% Total Non-RevPAR Income $53.66 $4,896,019 26.74% Gross Hotel Revenue $200.66 $18,309,769 100.00% Hotel Expenses Department Expenses ($63.43) ($5,788,033) (31.61%) Undistributed Operating Expenses ($60.27) ($5,499,638) (30.04%) Fixed Charges ($6.62) ($603,618.75) ($0.03) Capital Reserves for FF&E ($2.94) ($268,275.00) ($0.01) Total Expenses and Reserves ($133.26) ($12,159,564.38) ($0.66) Net Operating Income $67.40 $6,150,204 33.59% NAV @ 6.5% Cap Rate 6.50% $94,619,000 Exhibit 10 City Council 26 – 499 10/1/2024 12 SECTION II LRV OF THE PROJECT Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 10: Hotel Operating Expenses Expenses % of Income Daily Rate per Room Daily Revenue Annual Revenue % of Total Department Expenses Rooms 25.00% ($36.75) ($9,188) ($3,353,438) (18.32%) Food Costs 50.00% ($11.76) ($2,940) ($1,073,100) (5.86%) Beverage Costs 40.00% ($4.41) ($1,103) ($402,413) (2.20%) Food and Beverage Labor Cost 20.00% ($6.91) ($1,727) ($630,446) (3.44%) Technology Costs 15.00% ($0.66) ($165) ($60,362) (0.33%) Minor Operated Department 20.00% ($2.94) ($735) ($268,275) (1.47%) Total Department Expenses ($63.43) ($15,858) ($5,788,033) (31.61%) Undistributed Operating Expenses Administration and General Operating 10.00% ($14.70) ($3,675) ($1,341,375) (7.33%) Marketing 6.00% ($8.82) ($2,205) ($804,825) (4.40%) Management Fee 6.00% ($8.82) ($2,205) ($804,825) (4.40%) Franchise Fee 8.00% ($11.76) ($2,940) ($1,073,100) (5.86%) Energy 6.00% ($8.82) ($2,205) ($804,825) (4.40%) Operations and Maintenance 5.00% ($7.35) ($1,838) ($670,688) (3.66%) Total Undistributed Operating Expenses ($60.27) ($15,068) ($5,499,638) (30.04%) It is our understanding that the proposed hotel will be comparable to the Westin South Coast Plaza. According to CoStar, the cap rate for Luxury and Upper Upscale hotels in the 2-Mile Zone is 6.5%. Figure 4: Hotel Market Cap Rate by Class Exhibit 10 City Council 26 – 500 10/1/2024 13 SECTION II LRV OF THE PROJECT Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Below is a summary of the value of the congregate care facility. Table 11: NAV for Congregate Care Congregate Car e Facility Per Room per Month Total Per Month Annual Revenues From Rooms $7,500 $1,500,000 $18,000,000 Vacancy ($375) ($75,000) ($900,000) Revenues After Vacancy $7,125 $1,425,000 $17,100,000 Revenues From Services $3,420 $684,000 $8,208,000 Total Revenues $10,545 $2,109,000 $25,308,000 Department Expenses ($4,451) ($890,288) ($10,683,450) Undistributed Operating Expenses ($2,925) ($585,000) ($7,020,000) Insurance and Property Tax ($143) ($28,500) ($342,000) Total Operating Expenses $3,026 $605,213 $7,262,550 Capital Reserves ($143) ($28,500) ($342,000) Net Operating Income $2,884 $576,713 $6,920,550 NAV @ 6.5% Cap Rate $106,470,000 The Specific Plan specifies there will be 3,896 parking spaces. DTA assumed that all common spaces would generate $100 per month in NOI after operating expenses. We estimated the 121 spaces allocated to the hotel property would generate $600 per day after operating expenses. DTA further assumed the parking spaces would be valued at a cap rate of 6.0%. Table 12: Parking Summary Parking Spaces Phase 1 Phase 2 Phase 3 Total Common Spaces 1,667 664 1,444 3,775 Hotel Spaces 121 0 0 121 Total Spaces 1,788 664 1,444 3,896 Monthly Revenue from Common Spaces $100 $100 $100 $377,500 Monthly Revenue from Hotel Spaces $600 0 0 $72,600 Annual Income Common Spaces $2,000,400 $796,800 $1,732,800 $4,530,000 Annual Income Hotel Spaces $871,200 $0 $0 $871,200 Total Annual Parking Income $2,871,600 $796,800 $1,732,800 $5,401,200 NAV Parking Spaces @ 6% Cap Rate $47,860,000 $13,280,000 $28,880,000 $90,020,000 Exhibit 10 City Council 26 – 501 10/1/2024 14 SECTION III PROJECT ASSUMPTIONS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com III PROJECT ASSUMPTIONS A Cost Assumptions In preparing the cost estimate, DTA reviewed similar projects in the local marketplace, City planning and engineering standards, planning fees, and DIFs. It should be noted that the vertical budget for retail uses includes tenant improvement and special equipment allowances. B Land Residual Basic Assumptions Below is a summary of the Project by phase. Table 13: Product Summary by Product and Phase Product Mix Phase 1 Phase 2 Phase 3 Total Apartment 2,376 DU 797 DU 577 DU 3,750 DU Commercial 158,655 SF 75,112 SF 116,233 SF 350,000 SF Hotel 140,000 SF 0 SF 0 SF 140,000 SF Congregate 192,000 SF 0 SF 0 SF 192,000 SF Parking Spaces 1,788 Spaces 664 Spaces 1,444 Spaces 3,896 Spaces We prepared budgets for each cost category by phase and product type. 1. We did not include any land costs in the analysis since the property is not being purchased, but we have been informed that the property is subject to a 99-year ground lease. We have also been informed that the lease payments during construction are “negligible.” 2. Land improvement indirect costs include civil engineering, soils engineering, environmental processing, development consulting, planning fees, deposits, permits, DIFs, bonds, mitigation costs, water purchase, easement acquisition, and the lot improvement indirect contingency. Exhibit 10 City Council 26 – 502 10/1/2024 15 SECTION III PROJECT ASSUMPTIONS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 14: Land Development Soft Costs Land Development Soft Costs Phase 1 Phase 2 Phase 3 Total Civil Engineering $2,544,276 $654,928 $1,560,958 $4,760,162 Soils Engineering $383,642 $107,496 $246,864 $738,002 Environmental Processing $2,686,200 $836,850 $605,850 $4,128,900 Development Consulting $3,877,975 $1,211,549 $1,279,569 $6,369,092 Planning Fees, Deposits, Permits $1,504,574 $363,471 $1,354,913 $3,222,959 Development Impact Fees $99,495,397 $33,934,601 $26,234,870 $159,664,869 Bonds $274,066 $70,088 $149,018 $493,172 Mitigation Costs $453,300 $214,606 $332,094 $1,000,000 Lot Improvement Indirect Contingency $4,157,265 $1,363,937 $1,339,973 $6,861,175 Total Land Development Soft Costs $115,376,695 $38,757,526 $33,104,109 $187,238,330 3. Land improvement direct costs include site preparation, rough grading, erosion and dust control, storm drain systems, sanitary sewer systems, potable water, non- potable water, street improvements, dry utilities, fencing and walls, landscaping, common costs, Project-wide amenities, parking, repairs for bond release, reimbursements, and the lot improvement direct contingency. Table 15: Total Land Development Hard Costs by Phase Unit Total Land Development Hard Costs per Unit Phase 1 Phase 2 Phase 3 Total Site Preparation $1,026,075 $335,475 $771,900 $2,133,450 Rough Grading $1,272,000 $416,000 $968,000 $2,656,000 Erosion and Dust Control $1,776,600 $575,100 $1,344,600 $3,696,300 Storm Drain System $4,344,480 $827,315 $644,818 $5,816,613 Sanitary Sewer System $2,882,675 $795,345 $642,290 $4,320,310 Potable Water $2,924,300 $865,845 $673,290 $4,463,435 Non-Potable Water $1,130,100 $379,095 $274,503 $1,783,698 Street Improvements - Concrete $2,162,240 $566,960 $410,600 $3,139,800 Street Improvements - Asphalt $2,514,590 $893,145 $896,940 $4,304,675 Dry Utilities $3,618,700 $1,102,525 $798,338 $5,519,563 Fencing and Walls $1,483,450 $153,600 $356,550 $1,993,600 Landscaping $2,989,120 $208,630 $5,662,450 $8,860,200 Common Costs $1,188,000 $398,500 $5,688,500 $7,275,000 Project Amenities $3,000,000 $0 $0 $3,000,000 Parking Spaces $52,404,000 $18,084,000 $40,636,000 $111,124,000 Repairs For Bond Release $844,900 $272,694 $596,543 $1,714,138 Reimbursements ($986,010) ($330,758) ($239,501) ($1,556,269) Lot Improvement Direct Contingency $12,686,283 $3,831,521 $9,018,873 $25,536,677 Total Land Development Hard Costs $97,261,503 $29,374,992 $69,144,693 $195,781,188 4. Vertical costs include all costs from the foundation to the roof of a dwelling unit, including a 5% contingency and the cost of a building permit. Exhibit 10 City Council 26 – 503 10/1/2024 16 SECTION III PROJE CT ASSUMPTIONS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com 5. Indirect costs include on-site consultants, architects, taxes/title insurance/land escrow, overall project contingency, insurance, site development field expenses, on- site construction management costs (lot improvement field management), development operations expenses (vertical construction field management), and general and administrative expenses. 6. Marketing costs include for-sale product, such as sales commissions, closing costs, warranty, general marketing costs, sales office design and construction, model maintenance, model upgrades, model landscaping, sales and model staff salaries, and master marketing program costs. 7. Finance costs include property taxes, construction loan interest, construction loan fees, and third-party fees. We assumed an interim loan rate of 7.0% and a loan fee equal to 1.0%. We were not provided with a debt-to-equity structure, so we assumed there would be no initial equity. However, the Developer would fund 10% of the costs, as incurred. 8. In preparing the cash flows to support the LRVs, we made timing assumptions that these expenditures would be made on a “just-in-time” basis. These assumptions may be adjusted based on discussions with the appropriate government agencies. Exhibit 10 City Council 26 – 504 10/1/2024 17 SECTION IV LAND IMPROVEMENT INDIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com IV LAND IMPROVEMENT I NDIRECT COSTS A Civil Engineering In the current environment, a Specific Plan requires a significant civil engineering effort to obtain project-related data and prepare the required maps and exhibits that are generally prepared at 100 scale (1 in = 100 ft). If a Specific Plan is prepared at a scale greater than 100, such as a 300 scale, while a TTM is subsequently prepared at 100 scale or less, the proposed lot lines may not coincide with the Specific Plan’s planning area maps. In this case, the approving body may be required to approve a variance or, in significant cases, a Specific Plan Amendment requiring additional public hearings and public review. For this reason, we suggest the TTMs be prepared at 100 scale or less, although these efforts may require additional civil engineering work and additional upfront costs. We believe the cost of the extra work early in the development process will reduce costs later and is well worth the investment. The Civil Engineer is responsible for preparing detailed supporting studies for many disciplines, including grading, erosion control, storm drain, sanitary sewer, potable and non-potable water roadways, fencing and walls landscaping, common costs, and parking. Furthermore, the City or other agencies, such as the California Department of Transportation (“Caltrans”), U.S. Fish and Wildlife Service, or California Department of Fish and Wildlife, may require additional engineering studies to support the TTMs. Table 16: Civil Engineering Costs Civil Engineering Phase 1 Phase 2 Phase 3 Total Apartment $1,674,115 $642,127 $1,098,051 $3,414,292 Commercial $43,688 $0 $0 $43,688 Hotel $363,718 $0 $0 $363,718 Congregate $26,289 $0 $0 $26,289 Amenity $176,640 $12,801 $462,907 $652,347 Backbone $259,828 $0 $0 $259,828 Total Civil Engineering $2,544,276 $654,928 $1,560,958 $4,760,162 B Soil Engineering Geotechnical studies will be required for the Project even though the Project site has previously been developed. Many geotechnical standards have changed since the Project site’s geology was studied in the 1960s and 1970s. For example, the compaction standard in Orange County in the early 1980s was 85% optimum but had been revised to 90% because of grading failures during construction in Laguna Niguel and other Orange County jurisdictions. In addition to site sampling and testing, the geologist will also be required to study the effects of earthquakes, seismically induced surface ruptures, ground shaking, ground failure, subsidence and liquefaction, and potentially other issues required by the City’s Public Works Agency. Exhibit 10 City Council 26 – 505 10/1/2024 18 SECTION IV LAND IMPROVEMENT INDIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com In accordance with California law, a Phase 1 Report, which is an investigation for hazardous materials (qualitative testing), must be completed by a licensed professional, usually a geotechnical engineer. We have also budgeted for a Phase 2 Report (quantitative testing), with the expectation that Phase 1 will identify on-site hazardous materials issues. There are no soil engineering costs estimated for the backbone infrastructure since we allocated backbone costs to the IPP planning areas. Table 17: Soil Engineering Costs Soils Engineering Phase 1 Phase 2 Phase 3 Total Apartment $173,507 $96,776 $149,388 $419,670 Commercial $33,411 $0 $0 $33,411 Hotel $71,941 $0 $0 $71,941 Congregate $12,521 $0 $0 $12,521 Amenity $92,262 $10,720 $97,476 $200,458 Total Soils Engineering $383,642 $107,496 $246,864 $738,002 C Environmental Consultants We have assumed that a program-level Environmental Impact Report (“EIR”) was required to support the General Plan Amendment (“GPA”) and a Project-level GPA would be required to support the approval of the TTMs. The Project-level EIR includes the preparation of third-party reports listed below. Air Quality; Noise; Cultural Resources; Population and Housing; Energy; Public Services; Geology and Soils; Parks and Recreation Greenhouse Gas Emissions; Transportation; Hazards and Hazardous Wastes; Tribal Cultural Resources; Hydrology and Water Quality; Utilities and Service Systems; and Land Use and Planning; Mandatory Findings of Significance. Noise; Table 18 : Environmental Processing Costs Environmental Processing Phase 1 Phase 2 Phase 3 Total Apartment $2,494,800 $836,850 $605,850 $3,937,500 Commercial $28,000 $0 $0 $28,000 Hotel $125,000 $0 $0 $125,000 Congregate $38,400 $0 $0 $38,400 Total Environmental Processing $2,686,200 $836,850 $605,850 $4,128,900 Exhibit 10 City Council 26 – 506 10/1/2024 19 SECTION IV LAND IMPROVEMENT INDIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com D Development Consulting In addition to the environmental reports listed above, a developer of a project of this size may be required to produce additional studies or retain consultants to support TTM applications. A partial listing of potential studies is included below. Attorneys; Landscape Architect; Appraisal; Lighting Consultant; Aerial Photography; Market Studies; Financial Consultant; Off-Site Project Consultant; Scheduling Consultant; Structural Engineering; DA Consultant; Fire Hazard Consultant; Design Guidelines; Sewer Hydraulic Analysis; Assessment District Consultants; Traffic Studies; Architect, Preliminary Studies; Water System Design; Architect, Commercial Site; Visual Stimulation; Architect, School Site; Political Consultant; Land Planning and Design; Public Outreach; and Consumer Polling; Dry Utility Consulting. SWPPP Consultant; Table 19: Development Consulting Estimate Development Consulting Phase 1 Phase 2 Phase 3 Total Apartment $3,264,667 $1,128,760 $885,811 $5,279,239 Commercial $185,628 $75,112 $116,233 $376,973 Hotel $268,222 $0 $0 $268,222 Congregate $9,610 $0 $0 $9,610 Amenity $149,847 $7,677 $277,524 $435,048 Total Development Consulting $3,877,975 $1,211,549 $1,279,569 $6,369,092 E Planning Fees, Deposits, and Permits As required by City ordinances and policies, a developer is required to pay various fees to compensate the City for reviewing plans and reports. Cities often require developers to make deposits to be made to ensure developer payment for future services, such as inspection fees. The City requires developers to obtain permits for the installation of approved construction projects. Exhibit 10 City Council 26 – 507 10/1/2024 20 SECTION IV LAND IMPROVEMENT INDIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 20: Planning Fees Deposits and Permit Estimate Planning Fees, Deposits, Permits Phase 1 Phase 2 Phase 3 Total Apartment $976,587 $352,609 $305,915 $1,635,111 Commercial $36,093 $3,756 $5,812 $45,660 Hotel $18,290 $0 $0 $18,290 Congregate $21,819 $0 $0 $21,819 Amenity $246,430 $7,107 $1,043,187 $1,296,723 Backbone $205,355 $0 $0 $205,355 Total Planning Fees, Deposits, Permits $1,504,574 $363,471 $1,354,913 $3,222,959 Backbone costs are those related to non-IPP that benefit the entire Project. They include plan check and inspection fees for the police station, entry monumentation on South Bristol, off-site sanitary sewer connection, etc. F DIFs A DIF is a monetary exaction other than a tax or special assessment that is charged by a local governmental agency in connection with approval of a development project. A DIF is structured to mitigate all or a portion of costs for public facilities related to the development project. The City currently conditions the following DIFs: Transportation System Improvements Fee, Transit Zoning Code Traffic Impact Mitigation Fee, Harbor Specific Plan Mitigation Fee, Foothill Transportation Corridor Fee, San Joaquin Hill Corridor Fee, Drainage Assessment Fee, Orange County Sanitation Sewer Connection Fee, Orange County Sanitation District Fee, Santa Ana School District Fee, and Santa Ana Affordable Housing In-Lieu Fee. Table 21: DIF Summary by Fee Type DIFs Total Quantity Unit Unit Price Total Cost Santa Ana Transportation System Improvement Area Multifamily Fee - Area 3,375,000 SF $1.10 $3,712,500 Santa Ana Transportation System Improvement Area Non-Residential Fee - Area 350,000 SF $3.31 $1,158,500 Santa Ana Transit Zoning Code Traffic Impact Mitigation Fee - Multifamily 3,750 DU $1,270.04 $4,762,650 Santa Ana Transit Zoning Code Traffic Impact Mitigation Fee - Retail 350,000 SF $9.11 $3,188,500 Santa Ana Harbor Specific Plan Mitigation Fee 3,750 DU $850.00 $3,187,500 Foothill Transportation Corridor Fee - Multifamily 3,750 DU $2,568.00 $9,630,000 Foothill Transportation Corridor Fee - Non-Residential 350,000 SF $4.99 $1,746,500 San Joaquin Hill Corridor Fee - Multifamily 3,750 DU $2,735.00 $10,256,250 San Joaquin Hill Corridor Fee - Non-Residential 350,000 SF $5.99 $2,096,500 Drainage Assessment Fee - Zone 41 AC $7,748.21 $318,219 Orange County Sanitation Sewer Connection Fee 75,000 Fix $49.00 $3,675,000 Orange County Sanitation District - Multifamily Capacity Fee 3,750 DU $3,743.00 $14,036,250 Orange County Sanitation District – Non-Residential Capacity Fee - Avg 2 Bdrms 350,000 SF $1.49 $519,750 Santa Ana School District Impact Fee - Residential 3,375,000 SF $4.79 $16,166,250 Santa Ana School District Impact Fee - Commercial 350,000 SF $0.78 $273,000 Santa Ana Affordable Housing In Lieu Fee 3,375,000 SF $15.00 $50,625,000 Total DIFs $125,352,369 Exhibit 10 City Council 26 – 508 10/1/2024 21 SECTION IV LAND IMPROVEMENT INDIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com These DIFs are summarized below by product type. Table 22: D IF Summary by Product and Phase DIFs Phase 1 Phase 2 Phase 3 Total Apartment $73,609,896 $24,709,653 $17,925,866 $116,245,415 Commercial $4,086,912 $1,927,749 $2,983,120 $8,997,782 Hotel $10,150 $0 $0 $10,150 Congregate $5,346 $0 $0 $5,346 Amenity $42,693 $4,649 $46,334 $93,676 Total DIFs $77,754,997 $26,642,051 $20,955,320 $125,352,369 The DIFs do not include any potential DIF credits. We believe there may be credits, but they will be negotiated as part of the DA. G Bonds The City will require that the Developer provide Subdivision Agreements to ensure the completion of certain improvements. The typical method to guarantee the completion of improvements is to provide a subdivision completion bond. The subdivision bond costs for each phase of the Project are presented below. Table 23 : Subdivision Bond Costs Bonds Phase 1 Phase 2 Phase 3 Total Apartment $185,578 $68,502 $61,252 $315,332 Commercial $6,665 $0 $0 $6,665 Hotel $5,340 $0 $0 $5,340 Congregate $4,790 $0 $0 $4,790 Amenity $44,868 $1,586 $87,767 $134,221 Backbone $26,825 $0 $0 $26,825 Total Bonds $274,066 $70,088 $149,018 $493,172 H Mitigation Allowance In most cases, retail leases are less than 10 years (although some offer tenant extension), and this should allow the owner to coordinate tenant move-outs in accordance with construction phasing. If there are existing tenant leases that could impact construction timing, the owner may incur lease termination costs to entice existing tenants to abandon their existing locations. We have included a $1.0 million allowance for the termination of existing lease obligations. Exhibit 10 City Council 26 – 509 10/1/2024 22 SECTION IV LAND IMPROVEMENT INDIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 24: Mitigation Costs Mitigation Costs Phase 1 Phase 2 Phase 3 Total Commercial $453,300 $214,606 $332,094 $1,000,000 Total Mitiga tion Costs $453,300 $214,606 $332,094 $1,000,000 I Lot Improvement Indirect Contingency We have provided a contingency for land development soft costs. All categories have a 10% contingency, except for DIFs, which have a 3% contingency. Table 25: Lot Improvement Indirect Contingency by Product and Phase Lot Improvement Indirect Contingency Phase 1 Phase 2 Phase 3 Total Apartment $3,085,222 $1,053,852 $849,003 $4,988,077 Commercial $201,286 $87,180 $134,907 $423,373 Hotel $85,556 $0 $0 $85,556 Congregate $11,503 $0 $0 $11,503 Amenity $72,285 $4,129 $197,676 $274,090 Backbone $49,201 $0 $0 $49,201 Total Lot Improvement Indirect Contingency $3,505,053 $1,145,160 $1,181,586 $5,831,800 Exhibit 10 City Council 26 – 510 10/1/2024 23 SECTION V LAND IMPROVEMENT DIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com V LAND IMPROVEMENT DIRECT COSTS Land improvement direct costs include site preparation, rough grading, erosion and dust control, storm drain systems, sanitary sewer systems, potable water, non-potable water, street improvements, dry utilities, fencing and walls, landscaping, common costs, Project-wide amenities, parking, repairs for bond release, reimbursements, and the lot improvement direct contingency. A Site Preparation The site preparation cost includes the demolition of existing on-site structures. This is often a difficult category to budget since the third-party contractors often offset the demo costs with revenues generated from sale of reclaimed material, such as copper wiring, asphalt, concrete, etc. Without having a third-party contractor bid, we estimated that the net costs of demo would be about $50,000 per acre. Table 26: Site Preparation Costs Site Preparation Phase 1 Phase 2 Phase 3 Total Apartment $543,225 $305,475 $472,900 $1,321,600 Commercial $101,850 $0 $0 $101,850 Hotel $68,775 $0 $0 $68,775 Congregate $36,725 $0 $0 $36,725 Amenity $275,500 $30,000 $299,000 $604,500 Total Site Preparation $1,026,075 $335,475 $771,900 $2,133,450 B Rough Grading Absent geotechnical information, we assumed that the entire Project site would need to be regraded. We estimated this would require 10 feet of removal and replacement. Table 27: Grading Costs Rough Grading Phase 1 Phase 2 Phase 3 Total Apartment $664,000 $376,000 $580,000 $1,620,000 Commercial $124,000 $0 $0 $124,000 Hotel $84,000 $0 $0 $84,000 Congregate $44,000 $0 $0 $44,000 Amenity $356,000 $40,000 $388,000 $784,000 Total Rough Grading $1,272,000 $416,000 $968,000 $2,656,000 Exhibit 10 City Council 26 – 511 10/1/2024 24 SECTION V LAND IMPROVEMENT DIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com C Erosion and Dust Control We estimated that erosion and dust control would cost about $90,000 per acre. Table 28: Erosion and Dust Control Costs Erosion and Dust Control Phase 1 Phase 2 Phase 3 Total Apartment $926,100 $521,100 $806,400 $2,253,600 Commercial $174,600 $0 $0 $174,600 Hotel $117,900 $0 $0 $117,900 Congregate $62,100 $0 $0 $62,100 Amenity $495,900 $54,000 $538,200 $1,088,100 Total Erosion and Dust Control $1,776,600 $575,100 $1,344,600 $3,696,300 D Storm Drain Systems The estimate for storm drain improvements includes replacing most of the existing storm drain since the current locations are not in accordance with the proposed Project. DTA also added costs for 54-inch, 60-inch, and 78-inch Reinforced Concrete Pipe (“RCP”) as described in the Specific Plan. Finally, we added a Local Impact Development (“LID”) allowance in accordance with City requirements and traffic control while the improvements are installed. Table 29 : Storm Drain Estimate Storm Drain System Phase 1 Phase 2 Phase 3 Total Apartment $2,421,980 $819,815 $614,818 $3,856,613 Commercial $7,500 $0 $0 $7,500 Hotel $7,500 $0 $0 $7,500 Congregate $7,500 $0 $0 $7,500 Amenity $30,000 $7,500 $30,000 $67,500 Backbone $1,870,000 $0 $0 $1,870,000 Total Storm Drain System $4,344,480 $827,315 $644,818 $5,816,613 E Sanitary Sewer Systems The estimate for sanitary system improvements is based upon removing and replacing all the in-tract sewer lines since DTA determined that the Project will be relocating all the easements where the sewer lines are currently located. The Specific Plan states that a new 78-inch vitrified clay pipe would be required to connect to existing infrastructure. We also budgeted traffic control during construction. Exhibit 10 City Council 26 – 512 10/1/2024 25 SECTION V LAND IMPROVEMENT DIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 30: Sanitary Sewer Estimate Sanitary Sewer System Phase 1 Phase 2 Phase 3 Total Apartment $2,306,550 $784,470 $598,790 $3,689,810 Commercial $10,875 $0 $0 $10,875 Hotel $10,875 $0 $0 $10,875 Congregate $10,875 $0 $0 $10,875 Amenity $43,500 $10,875 $43,500 $97,875 Backbone $500,000 $0 $0 $500,000 Total Sanitary Sewer System $2,882,675 $795,345 $642,290 $4,320,310 F Potable and Reclaimed Water As with sanitary sewer systems, DTA estimated the costs of removing and replacing all the in-tract potable water lines since we determined the Project will be moving all the easements where the sewer lines are currently located. We budgeted traffic control during construction. We also estimated that the City would require the Developer to install non-potable water lines throughout the Project site in accordance with current City requirements. Table 31: Potable Water Costs Potable Water Phase 1 Phase 2 Phase 3 Total Apartment $2,412,300 $837,345 $559,290 $3,808,935 Commercial $28,500 $0 $0 $28,500 Hotel $28,500 $0 $0 $28,500 Congregate $28,500 $0 $0 $28,500 Amenity $114,000 $28,500 $114,000 $256,500 Backbone $312,500 $0 $0 $312,500 Total Potable Water $2,924,300 $865,845 $673,290 $4,463,435 Table 32: Non -Potable Water Costs Non-Potable Water Phase 1 Phase 2 Phase 3 Total Apartment $1,130,100 $379,095 $274,503 $1,783,698 Total Non-Potable Water $1,130,100 $379,095 $274,503 $1,783,698 G Street Improvements The estimate for street improvements includes asphalt, concrete, and streetlights. Since the Specific Plan is not specific on the street profiles, DTA reviewed City standard plans and made estimates for the street widths. We estimate an average streetlight with a cost of $6,000 per fixture, totaling about $1.0 million upon the build-out of the Project. Exhibit 10 City Council 26 – 513 10/1/2024 26 SECTION V LAND IMPROVEMENT DIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 33: Street Improvement Budget Street Improvements Phase 1 Phase 2 Phase 3 Total Apartment $4,095,280 $1,452,455 $1,276,940 $6,824,675 Commercial $170,850 $0 $0 $170,850 Hotel $166,850 $0 $0 $166,850 Congregate $213,250 $0 $0 $213,250 Amenity $30,600 $7,650 $30,600 $68,850 Backbone $0 $0 $0 $0 Street Improvements $4,676,830 $1,460,105 $1,307,540 $7,444,475 H Dry Utilities The dry utility allowance includes cost for electricity, gas, telephone, and internet. The estimate is based upon locating dry utilities in the proposed interior street to service all the buildings. Table 34 : Dry Utility Costs Dry Utilities Phase 1 Phase 2 Phase 3 Total Apartment $3,286,700 $1,102,525 $798,338 $5,187,563 Commercial $140,000 $0 $0 $140,000 Congregate $192,000 $0 $0 $192,000 Dry Utilities $3,618,700 $1,102,525 $798,338 $5,519,563 I Fencing and Walls The fencing and walls allowance includes interior walls surrounding each planning area. Included in this group is a $1.0 million allowance for street monumentation on South Bristol Street at the boundary between Cities of Santa Ana and Costa Mesa as referred to in Sections 3-4 of the Specific Plan. Table 35: Fencing and Wall Budget Fencing and Walls Phase 1 Phase 2 Phase 3 Total Apartment $240,900 $129,300 $208,200 $578,400 Commercial $43,650 $0 $0 $43,650 Hotel $35,850 $0 $0 $35,850 Congregate $25,950 $0 $0 $25,950 Amenity $137,100 $24,300 $148,350 $309,750 Backbone $1,000,000 $0 $0 $1,000,000 Fencing and Walls $1,483,450 $153,600 $356,550 $1,993,600 J Landscaping The landscape category includes an allocation of landscaping adjacent to each building. We also include an estimate for Bristol Green, Bristol Plaza, Central Park, Greenlink South, and Greenlink North at $1,500,000 per acre. The estimate includes landscape maintenance for 6 months. Exhibit 10 City Council 26 – 514 10/1/2024 27 SECTION V LAND IMPROVEMENT DIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 36: Landscaping Estimate Landscaping Phase 1 Phase 2 Phase 3 Total Apartment $353,470 $199,305 $307,175 $859,950 Commercial $31,050 $0 $0 $31,050 Hotel $21,225 $0 $0 $21,225 Congregate $10,875 $0 $0 $10,875 Amenity $2,572,500 $9,325 $5,355,275 $7,937,100 Landscaping $2,989,120 $208,630 $5,662,450 $8,860,200 K Common Costs The common cost category includes an allowance for the multifamily units at $500 per unit and an allowance for a community center to be built adjacent to the Bristol Central Park for a total of $5,400,000. Table 37: Common Costs Allowance Common Costs Phase 1 Phase 2 Phase 3 Total Apartment $1,188,000 $398,500 $288,500 $1,875,000 Amenity $0 $0 $5,400,000 $5,400,000 Common Costs $1,188,000 $398,500 $5,688,500 $7,275,000 L Project Amenities The Project amenities include the construction of a police station to be located on-site. Table 38: Project Amenity Allowance Project Amenities Phase 1 Phase 2 Phase 3 Total Police Station $3,000,000 $0 $0 $3,000,000 Project Amenities $3,000,000 $0 $0 $3,000,000 M Parking In the parking space category, we include above-grade, surface, and below-grade spaces. DTA was not able to discern the specifications for the parking facilities, so we estimated the costs based upon typical costs but reduced the unit costs since there would be an economy of scale for the larger facilities. Typical parking spaces have column spacing at 24 feet for parking under high-rise buildings and 60 feet of spacing for low-rise and spaces without buildings located overhead. The above-grade spaces are priced at $30,000 per space, surface spaces at $4,000 per space, and below-grade spaces at $35,000 per space. Below is the distribution of the individual spaces. Parking spaces will be shared among the various product types based upon the time of day the spaces are required. Exhibit 10 City Council 26 – 515 10/1/2024 28 SECTION V LAND IMPROVEMENT DIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 39: Parking Budget Parking Spaces Phase 1 Phase 2 Phase 3 Total Above-Grade 107 33 65 205 Surface 311 161 309 781 Below-Grade 1,370 470 1,070 2,910 Total Parking Spaces 1,788 664 1,444 3,896 Table 40: Parking Space Budget Parking Spaces Phase 1 Phase 2 Phase 3 Total Apartment $48,169,000 $18,084,000 $40,636,000 $106,889,000 Hotel $4,235,000 $0 $0 $4,235,000 Parking Spaces $52,404,000 $18,084,000 $40,636,000 $111,124,000 N Repairs for Bond Releases Repairs for bond releases are costs that a developer incurs to exonerate subdivision completion bonds. These costs are generally incurred after the completion of improvements to support the release of subdivision bonds. Table 41 : Costs of Repair s f or Bond Releases Repairs For Bond Release Phase 1 Phase 2 Phase 3 Total Apartment $735,490 $271,464 $481,446 $1,488,400 Commercial $2,607 $0 $0 $2,607 Hotel $44,659 $0 $0 $44,659 Congregate $1,925 $0 $0 $1,925 Amenity $30,270 $1,230 $115,098 $146,597 Backbone $29,950 $0 $0 $29,950 Repairs For Bond Release $844,900 $272,694 $596,543 $1,714,138 O Reimbursements In general, the dry utility purveyors provide reimbursement to a developer for installing utility facilities that are “sold” to the utility when the user commences service. The reimbursements usually occur during the life cycle of a project and are reimbursed when the affected utility is brought online. Table 42: Dry Utility Reimbursements Reimbursements Phase 1 Phase 2 Phase 3 Total Apartment ($986,010) ($330,758) ($239,501) ($1,556,269) Reimbursements ($986,010) ($330,758) ($239,501) ($1,556,269) Exhibit 10 City Council 26 – 516 10/1/2024 29 SECTION V LAND IMPROVEMENT DIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com P Lot Improvement Direct Contingency DTA also estimated the lot improvement direct cost contingency at 15% of the total direct costs. We chose 15% since we lacked construction details when preparing the budget. This estimate is similar to other projects that do not have a completed engineering design. Table 43: Lot Improvement Direct Cost Contingency Lot Improvement Direct Contingency Phase 1 Phase 2 Phase 3 Total Apartment $10,123,063 $3,799,514 $7,104,570 $21,027,146 Commercial $125,322 $0 $0 $125,322 Hotel $723,170 $0 $0 $723,170 Congregate $95,055 $0 $0 $95,055 Amenity $612,806 $32,007 $1,914,303 $2,559,116 Backbone $1,006,868 $0 $0 $1,006,868 Lot Improvement Direct Contingency $12,686,283 $3,831,521 $9,018,873 $25,536,677 Exhibit 10 City Council 26 – 517 10/1/2024 30 SECTION VI VERTICAL COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com VI VERTICAL COSTS Vertical costs include all costs from the foundation to the roof of a dwelling unit, including a 5% contingency and the cost of a building permit. Table 44 lists the total of the vertical costs and Table 45 represents an analysis of the vertical costs by product type per SF. Vertical costs related to the commercial properties are in addition to the residential costs. Table 44: Vertical Costs by Product Type and Phase Total Vertical Construction Costs Phase 1 Phase 2 Phase 3 Total Apartment $680,331,900 $228,209,100 $165,215,400 $1,073,756,400 Commercial $23,726,293 $13,939,830 $21,571,314 $59,237,437 Hotel $56,560,000 $0 $0 $56,560,000 Congregate $59,388,000 $0 $0 $59,388,000 Total Vertical Construction Costs $820,006,193 $242,148,930 $186,786,714 $1,248,941,837 Table 45: Vertical Cost Estimates per SF Vertical Cost Data Phase 1 Phase 2 Phase 3 Total Residential SF 2,138,400 SF 717,300 SF 519,300 SF 3,375,000 SF Residential Cost per SF $318.15 $318.15 $318.15 $318.15 Commercial SF 158,655 SF 75,112 SF 116,233 SF 350,000 SF Commercial Cost per SF $149.55 $185.59 $185.59 $169.25 Hotel SF 140,000 SF 0 SF 0 SF 140,000 SF Hotel Cost per SF $404.00 $0.00 $0.00 $404.00 Congregate Care SF 192,000 SF 0 SF 0 SF 192,000 SF Congregate Care per SF $309.31 $0.00 $0.00 $309.31 Total Vertical Cost $311.90 $305.58 $293.91 $307.85 Exhibit 10 City Council 26 – 518 10/1/2024 31 SECTION VII INDIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com VII INDIRECT COSTS Indirect costs include on-site consultants, architects, taxes/title insurance/land escrow, overall project contingency, insurance, site development field expenses, on-site construction management costs (lot improvement field management), development operations expenses (vertical construction field management), and general and administrative expenses. Table 46 : Indirect Cost Allowance Indirect Costs Phase 1 Phase 2 Phase 3 Total On-Site Consultants, Including Architects $1,878,983 $684,168 $1,126,850 $3,690,000 Taxes/Title Insurance/Land Escrow $1,484,144 $443,548 $359,554 $2,287,246 Overall Project Contingency $14,841,437 $4,435,479 $3,595,541 $22,872,456 Insurance $22,227,017 $6,642,717 $5,384,798 $34,254,531 Site Development Field Expense $2,465,737 $736,905 $597,358 $3,800,000 On-Site Construction Management Fee $2,271,073 $678,728 $550,199 $3,500,000 Development Operations Expense $1,687,083 $504,198 $408,719 $2,600,000 General and Admin Expense - 2.0% $29,682,874 $8,870,958 $7,191,081 $45,744,912 Total Indirect Costs $76,538,347 $22,996,699 $19,214,099 $118,749,145 Exhibit 10 City Council 26 – 519 10/1/2024 32 SECTION VIII MARKETING COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com VIII MARKETING COSTS Marketing costs related to for-sale product usually include sales commissions, closing costs, warranty, general marketing costs, sales office design and construction, model maintenance, model upgrades, model landscaping, sales and model staff salaries, and master marketing program costs. However, since the entire Project is a for-rent program, we included an estimate of closing costs (since we assumed all products would be sold to determine LRV) and an allowance for marketing costs during the rent-up period. Table 47: Marketing Cost Allowance Marketing Costs Phase 1 Phase 2 Phase 3 Total Closing Costs $1,484,144 $443,548 $359,554 $2,287,246 Marketing Costs $5,688,144 $1,908,018 $272,587 $7,868,749 Total Marketing Costs $7,172,288 $2,351,566 $632,141 $10,155,994 Exhibit 10 City Council 26 – 520 10/1/2024 33 SECTION IX FINANCE COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com IX FINANCE COSTS Finance c osts include property taxes, construction loan interest, construction loan fees, and third-party fees. We assumed an interim loan rate of 7.0% and a loan fee equal to 1.0%. We were not provided with a debt-to-equity structure, so we assumed there would be no initial equity. However, the Developer would fund 10% of the costs, as incurred. Table 48 : Finance Cost Estimate Finance Costs Phase 1 Phase 2 Phase 3 Total Property Taxes $161,035 $48,127 $39,013 $248,174 Construction Loan Interest $28,438,394 $8,499,035 $6,889,589 $43,827,018 Construction Loan Fee $6,745,695 $2,016,003 $1,634,237 $10,395,935 Equity Lender Financing $35,345,124 $10,563,165 $8,562,839 $54,471,128 Exhibit 10 City Council 26 – 521 10/1/2024 34 SECTION X CONCLUSION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com X CONCLUSION DTA reviewed the Specific Plan to understand the proposed Project. We obtained market information from CoStar for multifamily, retail, hotel, and congregate care products for both Orange County and a 2-Mile Zone surrounding the Project site. We also reviewed the City’s website for development regulations and standard plans for construction projects. DTA assessed DIFs currently being imposed by the City from various government websites. DTA referred to its database for development costs and reviewed similar projects to budget the indirect costs, marketing costs, and financing costs that are discussed above. We prepared a Project cash flow in accordance with the Project timing described in the Specific Plan. Often, large-scale development projects are amended as more information is analyzed. Product mixes may change after the completion of detailed market studies that may identify alternative product mixes and product types that may yield better financial metrics. DTA assumed that the final land plan and individual buildings may be modified to address the evolving marketplace during the life of the Project, which the Specific Plan identities will be completed in 2035. In preparing our Report, DTA evaluated the Specific Plan and determined that the Project would be financially successful based upon the available information, although we acknowledge Project metrics may change as more information becomes available. Based upon the information reviewed, DTA determined that the proposed Project would be profitable since the Project’s NAV is $597,895,000, as shown in Table 49 below. Table 49: NAV Summary Description Value Total NAV $2,377,266,000 Total Costs ($1,779,371,000) Excess of NAV Over Costs $597,895,000 Exhibit 10 City Council 26 – 522 10/1/2024 18201 VON KARMAN AVENUE, SUITE 220 IRVINE, CA 92612 PHONE: (800) 969-4DTA Public Finance Public-Private Partnerships Development Economics Clean Energy Bonds www.FinanceDTA.com Exhibit 10 City Council 26 – 523 10/1/2024 Newport Beach | San Jose | San Francisco | Riverside Dallas | Houston | Raleigh | Tampa www.FinanceDTA.com Public Finance Public-Private Partnerships Development Economics Clean Energy Bonds MARKET STUDY REPORT EPD SOLUTIONS, INC. RELATED BRISTOL AT 3600 SOUTH BRISTOL STREET CITY OF SANTA ANA, CA September 2023 Exhibit 10 City Council 26 – 524 10/1/2024 www.FinanceDTA.com 18201 Von Karman Avenue, Suite 220 Irvine, CA 92612 EPD SOLUTIONS, INC. DRAFT MARKET STUDY REPORT RELATED BRISTOL AT 3600 SOUTH BRISTOL STREET CITY OF SANTA ANA, CA Prepared for: EPD Solutions, Inc. 3333 Michelson Drive, Suite 500 Irvine, CA 92612 Attention: Jeremy Krout Exhibit 10 City Council 26 – 525 10/1/2024 TABLE OF CONTENTS SECTION PAGE I PROJECT INFORMATION ............................................ 1 II PROJECT BACKGROUND ............................................. 3 III FINANCIAL SUMMARY ............................................... 4 IV RESIDENTIAL MARKET RESEARCH ............................... 5 V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN ......................................................................... 6 VI RETAIL MARKET RESEARCH ...................................... 22 VII HOSPITALITY ............................................................ 29 Exhibit 10 City Council 26 – 526 10/1/2024 1 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com I PROJECT INFORMATION DTA has been engaged to conduct a Market Study (the “Study”) for the Related Bristol Specific Plan project (the “Project”) located in the City of Santa Ana (the “City”), California, on behalf of EPD Solutions, Inc. (the “Client’). The Project has been proposed by RCR Bristol, LLC (the “Developer”). The specific purposed of the Market Study Report (the “Report”) is to provide the City with a better understanding of current real estate market conditions, a forecast of anticipated future absorption of the Project (estimated to be 10 years for the residential component), and an analysis of the financial opportunities inherent in the Related Bristol Specific Plan (“Specific Plan”). The Project site includes Income-Producing Properties (“IPP”) expected to comprise 3,750 dwelling units, 350,000 square feet (“SF”) of retail space, a 250-room hotel, and a 200-bed congregate care facility, as well as roadways, parks, and open space. The Project is also planning to construct 3,690 parking spaces, the vast majority of which will be underground. The Specific Plan area is located north of Interstate 405 (the San Diego Freeway) and west of State Route 55 (the Orange Freeway). The adjacent streets are Sunflower Avenue to the south, South Bristol Street to the east, South Plaza Drive to the west, and West Sunflower to the south, with the latter being the boundary between Santa Ana and Costa Mesa. The current use of the 41.0-acre site includes 465,000 SF of obsolete retail space. The City had a vision for the redevelopment of this area, known as the South Bristol Focus Area, and updated its General Plan to accommodate a different type of development targeting the look and feel of an urban village. A primary goal of an urban village setting is that residents desire that the community be walkable to both local-serving retail and recreational amenities. The Developer responded to the City's desires by targeting a Project design that would both achieve the desired urban feeling while creating an economically successful project. The adjacency to South Coast Plaza and Segerstrom Center for the Arts provides a strong draw for people to both live and work in the surrounding community. The Project site is strategically located within: 3 miles of the Irvine Business District, adjacent to John Wayne Airport (SNA); 5 miles to downtown Santa Ana, the seat of Santa Ana and Orange County governments; 6 miles to Fashion Island, a high-rise office and residential district in Newport Beach; and 12 miles to the Irvine Spectrum Center, a high-rise office and residential district at the intersection of the I-5 and I-405 freeways. Figure 1: Project Site Project Site Exhibit 10 City Council 26 – 527 10/1/2024 2 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Although there are other business districts within Orange County (the “County”), these four areas are generally considered the center of commerce and business for the County. Figure 2: Prominent Orange County Business Districts Downtown Santa Ana Irvine Spectrum Fashion Island Irvine Business District Subject Property Exhibit 10 City Council 26 – 528 10/1/2024 3 SECTION II PROJECT BACKGROUND Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com II PROJECT BACKGROUND In order to fully understand the Specific Plan, DTA’s market analysis encompassed the review of historical data and future projections, including appropriate metrics such as rental housing supply, local demographics, employment, etc. The source of our information was the CoStar real estate database. While some of the metrics are based upon year-end 2022 information, most of the data has been updated through April 2023. As of August 2023, the California Economic Development Department (the “Department”) estimates that there are 1,708,900 jobs in the County and a current unemployment rate of 3.9%. The Department also indicates that there was a 3.0% increase in the Consumer Price Index (“CPI”) on a year-over-year basis. This is a strong indication that economic activity and the local marketplace are still robust. The population of the City as of July 2022 was just over 308,000 people residing in approximately 82,058 dwelling units, an average of four persons per household. The median household income is $77,000, with a population of more than 11,300 residents per square mile. Exhibit 10 City Council 26 – 529 10/1/2024 4 SECTION III FINANCIAL SUMMARY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com III FINANCIAL SUMMARY DTA evaluated the Specific Plan to determine its viability. This included determining the Project revenues for each product class by construction phase, as follows: Table 1: Market Value of Project Properties by Phase Revenues Unit Phase 1 Phase 2 Phase 3 Total Apartment 3,750 DU $1,183,632,000 $396,868,000 $286,820,000 $1,867,320,000 Commercial 349,998 SF $99,921,000 $46,680,000 $72,236,000 $218,837,000 Hotel 250 Rooms $94,619,000 $0 $0 $94,619,000 Congregate 200 Rooms $119,215,000 $0 $0 $119,215,000 Total $1,497,387,000 $443,548,000 $359,056,000 $2,299,991,000 Exhibit 10 City Council 26 – 530 10/1/2024 5 SECTION IV RESIDENTIAL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com IV RESIDENTIAL MARKET RESEARCH The data included in this Report are from CoStar. According to the CoStar website 1: “CoStar is the industry leader in commercial real estate information, analytics and news. We provide our clients with the data and tools they need to make smart decisions and stay ahead of the competition. Our extensive research operation delivers the most comprehensive data available, giving our clients a clear understanding of the transactions, trends, assets and players in the market. With over 188,000 industry professionals relying on us, CoStar is truly where commercial real estate goes when it needs to know. We don't just say we have the best commercial real estate data. We back it up. In the past 3 years, we've invested over $2.5B in research and technology, giving our clients an unparalleled source of commercial real estate data and analytics.” From the CoStar site, DTA obtained information about the market for both County and multifamily products within a 2-mile radius of the Project site. In this Report, we will refer to the area within 2 miles of the site as the “2-Mile Zone.” The County data includes more than 11,000 multifamily properties, whereas the 2-Mile Zone data set includes 250 multifamily properties. According to CoStar, much of this information has been updated through April 2023. It is important to note that the World Health Organization officially recognized that COVID-19 began in January 2020. However, based upon multifamily rental activity in the area, the most significant event was an increase in rental rates in the area, although the unemployment rate in the City reached 8.3% in 2021. In the last 3 years, the unemployment rate has dropped to 3.4%, signifying a healthy economy in the City. 1 Source: https://www.costar.com/about. Figure 3: Specific Plan Map Exhibit 10 City Council 26 – 531 10/1/2024 6 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN A Residential The Project is envisioned as a mixed-use urban community with multiple blocks of residential uses over ground-floor retail shops throughout the Specific Plan area. This Specific Plan does not intend to limit or restrict the residential building types or architectural style. Residential uses may be single-use buildings within a block or in a mixed-use building with ground-floor retail uses. Residential building types may include but are not limited to the following: 1. Tower on podium, which is multi-level tower organized around or above a central core. 2. Podium structure, which is a multi-level structure situated on top of a concrete or steel podium base. 3. Wrap structure, which is a multi-level building surrounding an internal parking structure. 4. Live-work is an integrated residence and workspace occupied by a single household. This is a relatively low- density building type that is permitted but not anticipated within the Specific Plan area. 5. Townhomes, which are individual attached units arranged side-by-side. 6. Stacked dwellings, which are units within a single structure that are stacked one above the other. DTA did not include any land costs in our analysis since the property is not being purchased, but we were informed that the property is subject to a 99-year ground lease. We have also been informed that the lease payments during construction are “negligible.” Since most home buyers are not interested in purchasing a home on leased land, the residential development will be targeted to rental tenants. B Retail The existing retail center of 465,000 SF was developed in the 1970s. Based upon changes in the retail operations and impacted by new technology companies such as Amazon, significant existing traditional retail is becoming obsolete, which is happening to this retail center. The existing center includes a Vons grocery store, which will be replaced by a more modern grocery store. Modern grocery stores will be smaller than traditional grocery stores because they will benefit from an improved supply chain that is able to deliver replacement inventory faster, especially for slower moving products. Further, new grocery stores are transitioning to more energy-efficient freezing and refrigeration systems that in many cases require a complete revamping of interior space. Other changes include Figure 4: Specific Plan Block Designation Exhibit 10 City Council 26 – 532 10/1/2024 7 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com cameras and shelf sensors, smart carts, and touchless checkout kiosks. The proposed neighborhood retail center will serve more than 6,750 new residents living in the 3,750 proposed residential units. The center will also target restaurants and other local-serving retail, such as specialty retail, dry cleaners, ice cream stores, liquor stores, coffee shops, gyms, and banks. The availability of convenient underground parking should provide a draw for customers who live outside the immediate Project area. C Hotel The current Specific Plan includes the construction of a 250-room hotel similar to the upscale Westin South Coast Plaza to the east. Hospitality uses may include guest services such as restaurants, on-site alcohol establishments, conference facilities, event spaces, and rooftop amenities. D Senior Housing and Congregate Care The Specific Plan permits senior and age-qualified projects (including “continuum of care” communities that encompass a full range of independent living through skilled nursing services) that are specifically allowed within the Specific Plan. Such projects may include additional or different recreation facilities from those shown in the Specific Plan in keeping with the Project’s demographics. Senior/age-qualified uses may include the following: Independent Living Units: A project designed for senior residents who need specialized services and amenities to accommodate their special needs and extend their ability to live independently. Such services may include meal preparation, common dining facilities, emergency call monitoring, housekeeping services, shuttle services, and the delivery of groceries and pharmaceuticals. The project includes specially designed units and amenities to accommodate reduced mobility, sight, and hearing abilities. Services to support the care of an ailing spouse, such as adult daycare services and limited nursing services, may also be provided. Unit types may range from single- family attached/condominiums to multifamily clustered buildings and would typically include full kitchens. Congregate Housing Community (including Assisted Living and/or Skilled Nursing): This category is designed for senior residents who need significant care and services, including nursing care and medical services, inclusive of memory care facilities. Unit types may encompass smaller apartments with small kitchenettes, common dining facilities, and community activity centers. Specific services may include security, activity centers, housekeeping, emergency monitoring, and transportation. Exhibit 10 City Council 26 – 533 10/1/2024 8 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com E Public Spaces Publicly accessible parks and open space will be strategically located within the Specific Plan area. The Bristol Central Park, approximately 2.5 acres in size, will be constructed in the northern portion of the property. The Bristol Green (0.94 acres) and Bristol Plaza, including a small retail village (0.9 acres), will be located in the southern portion of the property, adjacent to the proposed hotel and congregate care buildings. There will be two parallel Greenlink trails (0.6 acres each) that will connect the parks in the south to the park in the north. In total, there will be 13.1 acres of publicly accessible open space within the Specific Plan area. Figure 5: Bristol Plaza The parks and Greenlink trails will include landscaping, lighting, seating areas, walkways, play areas, a private recreation facility, and retail or kiosk uses. An overall drought-adapted plant palette is anticipated to conserve water, reduce the heat island effect, use efficient irrigation, and potentially utilize biofiltration mechanisms to treat rainwater. The parks and Greenlink trails will include benches, bicycle racks, and directional signs to enhance the enjoyment of these public spaces. Figure 6: Bristol Green It is also planned that public art will be available in all open space areas. It is hoped that lighted public art Exhibit 10 City Council 26 – 534 10/1/2024 9 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com will act as a centerpiece to the parks and Greenlink trails. The public art will include interactive exhibits, such as some exhibits that children may climb on and others that adults may use such as chess tables. It also anticipated that walls would be adorned with art in accordance with local history and lifestyle. F Cap Rates The importance of the market cap rate should be noted. A cap rate is calculated by dividing a property’s Net Operating Income (“NOI”) by its Net Asset Value (“NAV”). The cap rate is an assessment of the yield of a property over 1 year. Alternatively, if you know a building's NOI, you may divide this by an assumed cap rate to approximate the building's NAV. We have provided a simple definition above. Oftentimes, in the real world, complications arise, such as whether net operating expenses should be modified based on capital reserves or other adjustments. For simplicity in determining NAV of the multifamily units, DTA has reduced net revenue by an estimate of operating expenses and capital reserves to determine NOI. NOI is then divided by the cap rate to establish the NAV. A cap rate is a derived estimate. Often, an investor will study recent sales to determine what investors have paid for similar buildings. The developer or investor will review the expenses for a building and value it according to what others have recently paid for similar buildings. By dividing NOI by the consensus cap rate derived from comparable sales, the investor is able to approximate the value of the building. Cap rates are generally correlated to 10-year Federal government or agency bonds (“Government Bonds”). Currently, Government Bond coupon rates are at about 4%, with the investor assuming there will be absolutely no risk of loss of principal during the term of the Government Bonds. In general, investors are currently allocating investment capital to these riskless investments instead of to IPP. In order for real estate developers to attract capital from investors, they usually accept lower prices (resulting in higher cap rates). The difference between these two investment instruments is referred to as a spread. Sometimes this spread between Class A IPP and the Government Bond rate may be as much as 300 basis points since investors are competing with the government agencies to attract capital to real estate, a riskier investment. Prior to recent the Federal Reserve Bank’s actions, 10-year Government Bonds yielded about 2.0%, while the cap rate for Class A multifamily properties in the City was 4%, a spread of 200 basis points. Now that the bond market has priced the 10-year Government Bonds at 4% on a pari passu basis, a developer often has to offer an additional spread to attract investment to IPP. One of the selling points that investors stress to attract capital to the IPP market is to emphasize that although today’s cap rate may be 4.0%, potential future increases in rents should yield higher returns than Government Bonds. Increasing rental income provides investors incentives because they usually lead to increased NOI and, with stable cap rates, an increase in NAV. Conversely, bonds offer a fixed annual payment and return on invested capital. Therefore, there is the opportunity for IPP to not only generate increasing annual cash flows, but for the resulting increased NAV to generate a larger return on invested capital. Exhibit 10 City Council 26 – 535 10/1/2024 10 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com If an IPP investor achieves an annual compound rent increase of 3.0% for 10 years, the compound annual rental income should increase by 35%. When this is divided by the cap rate, the building’s value could increase by the same amount. If a property could obtain a 5.0% increase over 10 years, the property value could increase by more than 60% and, during the course of 30 years, could increase the property value close to 140%, almost 1½ times its current value. In the past 10 years, despite COVID-19, rental increases in the City have been quite significant, as shown in Figure 7. Compound rental rates have increased by about 4.5% during this period. Higher rental demand in stable locations generally achieves lower cap rates, while transitional or outlying neighborhoods usually have higher cap rates due to higher employment volatility and fluctuating demand. These outlying areas often generate higher tenant turnover, leasing costs, and other factors that impact operating cash flows. Santa Ana is in a stable market with low vacancies, which should allow investors to raise rents during the life of their investment. It is also important to note that the 2-Mile Zone's market area cap rate for completed multifamily sales is about 4.0%, as shown in Figure 8. It is also significant to stress that forecasted cap rates are not projected to increase above 4.0% in the foreseeable future. That said, while cap rates for multifamily projects in California and across the United States have been increasing as a result of generally higher 10-year Government Bond interest rates, the impact has not been severely experienced in the City’s 2-Mile Zone. Figure 7: Market Effective Rent per Unit by Bedroom Figure 8: Market Cap Rate Exhibit 10 City Council 26 – 536 10/1/2024 11 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com A change in cap rate will have a significant impact on the value of a building. Table 2 shows the value of a unit in the Specific Plan. At a cap rate of 4.5%, the unit value is about $498,000. Table 2: Value of Unit by Cap Rate Cap Rate Comparison Unit Square Feet Monthly Rent per SF Monthly Rent Vacancy Rate Expense Factor Capital Reserve Monthly Expenses Annual Net Operating Income Cap Rate Net Asset Value % Reduction in Value Value at 4.5% Cap Rate 900 $3.64 $3,276 5.00% 35.0% 3.00% ($1,409) $22,408 4.50% $498,000 Value at 5.5% Cap Rate 900 $3.64 $3,276 5.00% 35.0% 3.00% ($1,409) $22,408 5.50% $407,000 Value Reduction from 5.5% Cap Rate $91,000 Value at 6.5% Cap Rate 900 $3.64 $3,276 5.00% 35.0% 3.00% ($1,409) $22,408 6.50% $345,000 Value Reduction from 6.5% Cap Rate $153,000 30.72% If the Specific Plan constructs and rents all units and the program contains 3,750 units, a 1.0% change in cap rate would reduce Project market value by about $341,000,000 (3,750 units times $91,000). A 2.0% reduction would result in a loss of $573,000,000 in market value (3,750 units times $153,000). G Multifamily Market Research To better understand both the County and City multifamily markets, DTA evaluated an average apartment based upon observed metrics. These include a vacancy rate of 5.0%, operating expenses of 35%, and a capital reserve of 3.0% that reduce market rent by 43% to obtain NOI. Dividing NOI by a 4.5% cap rate, we determined that an average 842 SF unit in the County would have a NAV of $371,000 and an average 883 SF unit in the City would have a value of $456,000. Based upon an estimate of rents for a unit in the 2-Mile Zone of $3.64, applying the same metrics, DTA estimates an average unit would have a value of $498,000. The current inventory valuation metrics in the City, County, and 2-Mile Zone, according to CoStar, are presented below. Table 3: Current Inventory Summary Description Inventory Units Average Unit Sze Monthly Rent per SF Market Rent per Unit Vacancy Rate Operating Expenses Capital Reserve Operating Exp and Cap Reserve Net Operating Income Market Cap Rate Net Asset Value Per Unit 5.00% 35.0% 3.00% 43.00% 4.50% Orange County 313,320 842 SF $2.90 $2,442 ($122) ($855) ($73) ($1,050) $1,392 4.50% $371,000 2-Mile Zone 1 900 SF $3.64 $3,276 ($164) ($1,147) ($98) ($1,409) $1,867 4.50% $498,000 Exhibit 10 City Council 26 – 537 10/1/2024 12 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com As can be seen in Figure 9, effective market rental rates within the 2-Mile Zone have been steadily increasing for 10 years, and there was a limited compound negative impact related to COVID-19. This compounded rate is about 4.5% and forecasted to increase by a compounded rent growth of about 2.2% for the next 5 years. It is difficult to project absorption rates in the 2-Mile Zone since there are few new similar offerings. As of early 2023, there are only 200 units currently under construction, with delivery scheduled in late 2023. From a market perspective, the 2-Mile Zone has the following desirable characteristics. An urban setting close to shopping and entertainment; Adjacency to the South Coast Plaza Mall; Limited new high-end rental units planned in the immediate future; Multiple product types to attract a variety of tenants; A mixed-use environment that includes adjacent retail; Proximity to the Orange County Art Center; Proximity to Orange County Airport and Santa Ana Metrolink; Direct access to Interstate 405 and SR 55; Up to 13 acres of open space, including 5.0 acres of parks and Greenlink trails; and Availability of local private schools, including Mater Dei, TVT Community Day School, and The Sage School. It also has some challenges that include: Average public school district. The Santa Ana school system is ranked 814 out of 1,165 districts in California (https://www.publicschoolreview.com/california/santa-ana-unified-school- district/635310-school-district). Currently high long term interest rates. Future higher long-term interest rates resulting from Federal Reserve Bank tightening. Figure 9: Effective Average Rent per Unit Exhibit 10 City Council 26 – 538 10/1/2024 13 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Figure 10: Artist’s 3-D Rendering of Project Exhibit 10 City Council 26 – 539 10/1/2024 14 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Below is a list of apartments and selected metrics for available products within the 2-Mile Zone. This list only includes properties with 200 or more units since small complexes are not proposed in the Specific Plan. Table 4: Existing Multifamily Projects in the 2-Mile Zone Property Address Property Name Year Built Avg Unit SF No. of Units Avg Asking Rent/Unit Avg Asking Rent/SF Parking Spaces per DU Vacancy % Studio Rent 1-Bdrm Rent 2-Bdrm Rent 3-Bdrm Rent 400 Enclave Cir The Enclave at South Coast 2008 874 890 $3,086 $3.53 1.300 2.27% $0 $2,802 $3,388 $0 3400 Avenue of the Arts 3400 Avenue of the Arts Apts 1987 937 770 $2,852 $3.04 1.560 2.69% $2,199 $2,597 $3,282 $0 1601 W Macarthur Blvd The Aspens South Coast 1976 896 642 $2,634 $2.94 1.090 7.94% $0 $2,344 $3,078 $0 655 Baker St South Pointe 1942 720 440 $2,674 $3.71 1.480 6.36% $0 $2,382 $2,926 $3,890 3700 Plaza Dr Versailles On The Lake Apts 1973 830 364 $2,573 $3.10 1.790 3.41% $2,002 $2,530 $3,174 $3,815 15 MacArthur Pl Essex Skyline at MacArthur Place 2008 1,547 350 $5,265 $3.40 1.000 5.35% $0 $3,825 $5,442 $14,759 3124 S Main St Reserve at South Coast 1974 767 349 $2,628 $3.42 1.290 2.01% $1,996 $2,344 $2,851 $0 100 E MacArthur Blvd The Marke 2014 941 300 $3,131 $3.33 1.500 0.75% $0 $2,655 $3,608 $4,149 1000 S Coast Dr The Cape Apartments 1987 738 296 $2,724 $3.69 1.180 9.29% $0 $2,415 $3,007 $3,690 3400 S Main St 3400 South Main 1969 967 288 $2,397 $2.48 1.150 10.07% $0 $2,250 $2,629 $0 550 Paularino Ave Park Mesa Villas 1976 682 276 $2,331 $3.42 1.270 0.72% $0 $2,271 $2,549 $0 635 W Baker St Newport Village 1972 658 276 $2,243 $3.41 1.450 4.35% $2,129 $2,091 $2,936 $0 555 Paularino Ave Eaves South Coast 1973 805 258 $2,614 $3.25 1.250 4.39% $0 $2,361 $3,120 $0 1101 W Stevens Ave South Coast Racquet Club 1972 806 256 $2,453 $3.04 1.440 4.74% $0 $2,137 $2,980 $0 31 E MacArthur Crescent Dr Pinnacle at MacArthur Place 2002 1,059 253 $2,932 $2.77 3.160 6.63% $0 $2,482 $3,266 $0 580 Anton Blvd 580 Anton 2018 867 250 $3,232 $3.72 6.80% $2,396 $2,887 $3,996 $0 1142 Buckingham Dr Wimbledon Glen 1985 929 244 $2,883 $3.10 1.640 7.36% $2,330 $2,780 $3,298 $0 805 W Stevens Ave Park Plaza Apartments 1972 955 243 $2,636 $2.76 0.620 6.32% $0 $0 $2,307 $3,028 125 Baker St E Baker Block 2018 919 240 $3,349 $3.64 1.940 2.92% $2,699 $3,085 $3,765 $4,580 651 Sunflower Ave Bloom 2023 811 226 $3,116 $3.84 4.35% $2,590 $2,847 $3,793 $0 3600 Aspen Village Way Aspen Village 1984 1,004 200 $3,271 $3.26 1.500 5.00% $0 $2,775 $3,576 $0 Average/Total 892 7,411 $2,910 $3.28 1.33 4.70% $2,187 $2,536 $3,399 $3,505 *Note: Blank spaces indicate that data was not available. This listing includes 21 multifamily projects in the 2-Mile Zone, totaling 7,411 rental units, an average of 350 units per property. Since DTA does not have a specific breakdown of the proposed unit sizes nor bedroom counts in the Specific Plan, we have chosen to use composite data in forming our conclusions. Exhibit 10 City Council 26 – 540 10/1/2024 15 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com We identified the largest multifamily project as The Enclave at South Coast, which contains 890 units. The largest unit sizes are in The Essex Skyline at MacArthur Place in the Hutton Center. The average vacancy for the projects is 4.7%. The highest vacancy is in the 2-story 3400 South Main building that was completed in 1969, more than 50 years ago. Other high-vacancy buildings include two 2-story complexes, specifically The Cape Apartments that were opened in 1987 and The Aspens South Coast that was completed in 1976. The predominant bedroom counts are the one- bedroom (47.3%) and two-bedroom (42.9%) plans with an average size of 893 SF. Below is a schedule summarizing the product mix of multifamily projects in the 2-Mile Zone, including the unit’s average size and bedroom count. Exhibit 10 City Council 26 – 541 10/1/2024 16 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Table 5: Existing Bedroom Counts Property Address Property Name Unit Count Unit Size Studios Units 1-Bdrm Units 2-Bdrm Units 3-Bdrm Units Total Studio Units SF 1-Bdrm Units SF 2-Bdrm Units SF 3-Bdrm Units SF Average Size 400 Enclave Cir The Enclave at South Coast 0 459 431 0 890 0 726 1,031 0 874 3400 Avenue of the Arts 3400 Avenue of the Arts Apts 85.008 349 336 0 770.008 539 756 1,228 0 938 1601 W Macarthur Blvd The Aspens South Coast 0 388 254 0 642 0 756 1,112 0 897 655 Baker St South Pointe 0 232 192 16 440 0 577 862 1,120 721 3700 Plaza Dr Versailles On The Lake Apts 179.998 60 76 48 363.998 568 789 1,185 1,300 830 15 MacArthur Pl Essex Skyline at MacArthur Place 0 44 305 1 350 0 1,161 1,598 2,834 1,547 3124 S Main St Reserve at South Coast 1.0121 152 196 0 349.0121 420 672 844 0 768 100 E MacArthur Blvd The Marke 0 158 128 14 300 0 749 1,132 1,374 942 1000 S Coast Dr The Cape Apartments 0 160 120 16 296 0 593 890 1,056 738 3400 S Main St 3400 South Main 0 176 112 0 288 0 850 1,150 0 967 550 Paularino Ave Park Mesa Villas 0 216 60 0 276 0 625 890 0 683 635 W Baker St Newport Village 124.0068 108 44 0 276.0068 520 710 920 0 658 555 Paularino Ave Eaves South Coast 0 172 86 0 258 0 682 1,050 0 805 1101 W Stevens Ave South Coast Racquet Club 0 160 96 0 256 0 702 981 0 807 31 E MacArthur Crescent Dr Pinnacle at MacArthur Place 0 108 145 0 253 0 729 1,305 0 1,059 580 Anton Blvd 580 Anton 5 165 80 0 250 506 745 1,144 0 868 1142 Buckingham Dr Wimbledon Glen 49.9956 102 92 0 243.9956 505 942 1,146 0 929 805 W Stevens Ave Park Plaza Apartments 0 0 132 111 243 0 0 884 1,041 956 125 Baker St E Baker Block 31.008 108 93 8 240.008 623 789 1,124 1,452 919 651 Sunflower Ave Bloom 39.0076 112 75 0 226.0076 607 685 1,106 0 811 3600 Aspen Village Way Aspen Village 0 76 124 0 200 0 807 1,126 0 1,005 Average/Total 515 3,505 3,177 214 7,411 551 728 1,113 1,152 893 We conclude that despite current market dynamics resulting from existing Federal Reserve Bank policies, IPP cap rates in the City have moved less than those nationwide. Another significant conclusion that may be made from the information above is that the current multifamily vacancy rate in the City is low. The result of this low vacancy rate puts upward pressure on rental rates since landlords have the flexibility to increase rates with less concern about tenant’s turnover. Exhibit 10 City Council 26 – 542 10/1/2024 17 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Current rental rates in the Santa Ana area exceed those of the County. Table 6 reflects rental rates as of April 2023, per CoStar, and our proposed rental information for the Project site. Table 6: Rents in April 2023 Description Studio SF Studio Rent One-Bedroom SF 1-Bedroom Rent Two-Bedroom SF 2-Bedroom Rent Three-Bedroom SF 3-Bedroom Rent Orange County 565 SF $1,929 730 SF $2,184 1,113 SF $2,698 1,152 SF $3,026 2-Mile Zone 551 SF $2,167 750 SF $2,513 1,050 SF $3,305 1,152 SF $3,505 In addition, as shown in Figure 11, CoStar forecasts rent growth in the 2-Mile Zone of about 2.0% annually for both the City and County. Exhibit 10 City Council 26 – 543 10/1/2024 18 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com G.1 Multifamily Rental Discussion We were not provided with detailed information from the Developer on the product offerings for the 3,750 multifamily units to be built-out on the Project site. However, based upon the information provided, our research identified that the Project should contain an average multifamily unit approximately 900 SF in size that would accommodate a mix of studio, one-bedroom, and two-bedroom apartments. We also reviewed a computer rendering of the site (Figure 10) included in the Specific Plan that led us to believe most multifamily buildings would be up to 8 stories, as permitted by the City Zoning Code. This assumption is further supported by the need for a high-density product to accommodate 3,750 residential units on about 25 acres, which yields an overall density of about 150 units per acre. Below is a schedule of acres and units provided by the Developer that summarizes their proposed density. Table 7: Project Density Phase Total Phase Acres Residential Acres Units in Phase Implied Density Per Acre Phase 1 19.47 10.29 2,375 DU 231 DU/Ac Phase 2 14.10 5.79 822 DU 142 DU/AC Phase 3 9.50 8.96 553 DU 62 DU/AC Total 43.07 25.04 3,750 DU 150 DU/AC Although the Specific Plan does not contain proposed building configurations, DTA developed a model to determine if the proposed product mix would be feasible and accommodate the proposed density. With the proposed target densities, DTA’s first task was to confirm that the property could accommodate the targeted densities, especially the 231 multifamily units per acre proposed in Phase 1. As can be seen from the table below, the highest density of 230 units per acre could be achieved in an 8-story building that covered 80% of a parcel, with the first floor set aside for retail. This further assumes the average unit size is 900 SF and that 15% of each floor is set aside for non-residential space. Figure 11: Rent per Bedroom Count Exhibit 10 City Council 26 – 544 10/1/2024 19 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Table 8: Confirmation that Product Mix is Achievable Description 50% Lot Coverage 60% Lot Coverage 70% Lot Coverage 80% Lot Coverage Lot Coverage % 50.00% 60.00% 70.00% 80.00% Size 1.00 AC 1.00 AC 1.00 AC 1.00 AC Building SF (Coverage) 21,780 SF 26,136 SF 30,492 SF 34,848 SF Building Floors 8 8 8 8 Building SF per Acre 174,240 SF 209,088 SF 243,936 SF 278,784 SF First Floor Retail (21,780) (26,136) (30,492) (34,848) Residential SF 152,460 SF 182,952 SF 213,444 SF 243,936 SF Non-Rentable SF 15.00% 15.00% 15.00% 15.00% Rentable SF 129,591 SF 155,509 SF 181,427 SF 207,346 SF Average Unit Size 900 SF 900 SF 900 SF 900 SF Total Units 143 DU 172 DU 201 DU 230 DU Total Units per Acre 143/AC 172/AC 201/AC 230/AC Table 5 suggests that the average for multifamily products within the 2-Mile Zone is 893 SF. It also indicates that the product mix of studio, one-bedroom, two-bedroom, and three-bedroom units varies from product to product. DTA rounded the size of each unit to 900 SF, allowing the Developer to determine a future preferred product mix. Since 2014, there have been less than 1,100 multifamily units built-out in the 2-Mile Zone marketplace, with the most recent being The Bloom, a 226-unit project on Sunflower Avenue. The Project was absorbed as soon as the units were available to the public. The Specific Plan will be delivering 3,750 units beginning in 2026 and ending in 2035, a period of 10 years requiring the absorption of about 370 units per year. Based upon the low vacancy in the 2-Mile Zone, DTA believes the market should be able to absorb these units as they are delivered. DTA evaluated many multifamily sites over the past 40 years and has applied our experience to determine the value of a single unit and each proposed unit. The first step in evaluating a multifamily building is to make estimates related to revenues and expenses. DTA assumed an average unit size of 900 SF and a rental rate of $3.50 per SF, which we increased by 4.0% to account for rent premiums related to the urban village character of the Project, community amenities, and height attributes. DTA assumed a vacancy rate of 5.0% and Exhibit 10 City Council 26 – 545 10/1/2024 20 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com combined adjustments to NOI (both expenses and reserves) equal to 38.0%. DTA concluded that a cap rate of 4.5% would be appropriate for this property. Below is a table summarizing the value of the 3,750 multifamily units. Table 9: Value of Residential Units Description Units Market Rent per SF Rent Premiums Square Feet Market Rent per Unit Vacancy Net Operating Expenses Capital Reserve Net Operating Income Market Cap Rate Market Sales Price per Unit Net Asset Value 4.00% 5.00% 35.00% 3.00% Single Unit 1 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $498,000 Block 1 Residential 108 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $53,784,000 Block 2 Residential 105 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $52,290,000 Block 3 Residential 202 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $100,596,000 Block 6 Residential 170 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $84,660,000 Block 7 Residential 373 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $185,754,000 Block 8 Residential 88 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $43,824,000 Block 9 Residential 106 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $52,788,000 Block 10 Residential 222 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $110,556,000 Block 11 Residential 552 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $274,896,000 Block 12 Residential 289 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $143,922,000 Block 14 Residential 680 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $338,640,000 Block 15 Residential 222 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $110,556,000 Block 18 Residential 335 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $166,830,000 Block 19 Residential 298 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $148,404,000 Totals 3,750 DU $3.50 $0.14 3,375,000 SF $12,285,000 ($614,250) ($4,299,750) ($368,550) #7,002,450 4.50% $498,000 $1,867,500,000 Exhibit 10 City Council 26 – 546 10/1/2024 21 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com G.2 Multifamily Market Research Conclusion In order to review the multifamily revenue, information was obtained from CoStar for projects both within the County and a 2-Mile Zone of the Project site. Since we were not provided with the product mix, DTA reviewed the data provided by CoStar to generate an average square footage for a unit in the Project’s boundaries and determined that an average of 900 SF was appropriate, allowing for a mix of studio, one-bedroom, and two-bedroom units. Since the Specific Plan does not contain apartment floor plans or an amenity package, DTA concluded that these features would be similar to those in nearby programs. Our data led us to determine that the monthly rent would be approximately $3.50 per square foot, with the potential premium of 4% due to building heights, amenity packages, and inclusion in the proposed urban village. The average vacancy for similar units in the 2-Mile Zone is 5.0%. DTA also estimated that net operating expenses would be 35% of revenues, with a capital reserve equal to 3.0%. This generated an NOI of $1,867 per month at a 4.5% cap rate. Our conclusion was that a single 900 SF unit would have a market value of $498,000. Due to the limited market supply of housing units in the city and surrounding area, which results in higher rent prices and low vacancies, the proposed units could be absorbed into the market area. It is important to note that DTA did not include rental appreciation even though historical data indicates prior annual appreciation of 4.5% and future appreciation of 2.2% per year. We also assumed that vacancies, net operating expenses, and capital reserves would not increase. Exhibit 10 City Council 26 – 547 10/1/2024 22 SECTION VI RETAIL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com VI RETAIL MARKET RESEARCH The Specific Plan includes 350,000 SF of retail space, generally located on the first floor of the residential buildings, although the Specific Plan indicates some standalone retail buildings, such as the proposed grocery store that will replace the current Vons grocery store. This planned retail space will replace the approximately 465,000 SF of existing retail space. The Specific Plan indicates construction commencing for the first phase in 2026, the second phase in 2030, and the third phase in 2033. In most cases, retail leases are less than 10 years (although some offer tenant extension), and this should allow the owner to coordinate tenant moveouts in accordance with construction phasing. If there are existing tenant leases that could impact construction timing, the owner may incur lease termination costs to entice existing tenants to abandon their existing locations. As shown in Table 10, the majority of the retail buildings in the 2-Mile Zone were built between 1970 and 1986, with some buildings undergoing restoration between 1999 and 2002. Retail space is evolving due to many factors, as listed below. 1. Shoppers expect improved merchandising, data-driven advice, and the ability to customize product offerings. Where previous retailers were only able to offer merchandise in the store, in the current environment, customers expect that that if the merchandiser does not have the proper size or color on hand, it can be ordered from a remote location and delivered to them by Amazon (or equivalent) within 24 hours. In each retail store, sales personnel also have access to customer data, such as rewards programs and previous customer purchasers, intended to improve the buying experience. 2. Customers expect features that enhance their shopping experience. Sales personnel will focus on brand building and improved use of data, such as mobile phone apps that inform shoppers of promotions, QR codes, and smart displays that deliver personized messages to anticipate customer needs, thereby facilitating the sales process. In some cases, the physical store is just a showroom, with the actual product shipped from a remote location. 3. The new retail store must be connected to “Big Data.” A phone app should enable the customer to identify the location of a product within a store. This becomes more important for larger stores and minimizes the time necessary to find a specific product. Also, many retailers use data collection to “follow” a customer throughout the facility and add this data to their customer database to offer promotions for future visits. Exhibit 10 City Council 26 – 548 10/1/2024 23 SECTION VI RETAIL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com 4. Younger customers, such as Gen Y (born between 1981 to 1996) and Gen Z (born between 1997 to 2010), have grown up in the digital world and expect a seamless retail experience. Unlike earlier generations, these customers are unafraid of technology and sharing data if they believe it will benefit them. As Gen Alpha (born after 2010) become more experienced shoppers, their expectations will further enhance the need for retailers to provide even better shopping experiences based upon Big Data. 5. In order to improve the shopper’s experience, the new retailer has to adapt to the changing world, which may require them to share data with suppliers, last-mile fulfillment firms, and possibly even competitors to improve the shopping experience with the goal to increase revenues and decrease costs. 6. The combination of an urban village that integrates residential units with nearby retail will increase the walkability of the Specific Plan area by permitting shoppers to have easy access to shops, with the result that shopper traffic should increase for the new retail shops. 7. The proximity of retail and residential uses will encourage residents to rely more on direct delivery for groceries, takeout meals, and the purchase of consumer products that can be delivered directly to the doorstep within 24 hours. This may also require that retail locations allocate space to these delivery services. 8. According to our site visit, many of the buildings in the Metro Town Square have relatively low ceilings that are not conducive in the current market. Most current retailers prefer higher ceilings to provide a comfortable environment for customers and a place to hang signs and mount security cameras. Higher ceilings also provide more room for stacking inventory, both on the display floor and in the warehouse. These factors will drive retail users to demand different uses of retail space. For example, much less space may be allocated to storerooms since the retailer will not be required to maintain inventory on-site. The new retail location must be linked directly to Big Data, either through in-store data collection devices or the use of a smart phone, as demonstrated by the Apple Store. The new retail facilities will be required to upsize their electrical systems to accommodate their new data collection systems and dissemination of information needs. As ridesharing becomes more acceptable, the need for substantial parking fields will become less important and those that offer electronic charging stations will attract customers that can shop while their care is charging. These changes will permit less land to be allocated to parking and more space to retail shops. If the Developer responds to these factors, the conversion of the Specific Plan property from its current “obsolete” retail space to retail space tailored to the new market dynamics meeting the wants and needs of the shopper should achieve commercial success. Exhibit 10 City Council 26 – 549 10/1/2024 24 SECTION VI RETAIL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com As shown in Figure 12, the current retail market in the 2-Mile Zone is robust, with an overall occupancy rate of 98.3%. The selected data includes more than 2 million SF of retail space with only 32,000 SF available, which is indicative of a strong market. While all of the retail within the Specific Plan area will be demolished, the phasing of the residential construction will permit some current tenants to relocate as space becomes available. This should allow the Project to have move-in ready tenants that will relocate as soon as space becomes available. Therefore, DTA has concluded that the Project will not endure typical absorption issues with the proposed square footage of retail space. Additional square footage of retail space would have diminishing returns as a result of a longer absorption period and higher vacancy. Further, additional retail space could offset other building area dedicated to residential or parking, which reduces the potential customer base for the businesses occupying the retail space and the viability of the residential portion of the project. With the current conceptual site plan, additional retail space may require multilevel (i.e., second floor space) due to ground-level space being already committed to the current uses. Figure 12: Rent per Bedroom Count Exhibit 10 City Council 26 – 550 10/1/2024 25 SECTION VI RETAIL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Table 10: Summary of Existing Retail Properties* Property Address Building Park Property Type Building Status Owner Name Submarket Name Year Built Year Renovated No. of Parking Spaces Parking Ratio Rentable Area Space Leased Direct Vacant Space Percent Leased Operating Costs Per SF 2110-2148 S Bristol St Bristol & Warner Marketplace Retail (Neighborhood Center) Existing Au Zone Santa Ana LLC Santa Ana 1979 0 594 4.80 111,405 111,405 1,481 100% $2.58 3640-3752 S Bristol St Metro Town Square Retail (Community Center) Existing Susan Elizabeth Gisler Santa Ana 1973 2002 129,461 124,839 4,628 96% $3.65 3300 S Bristol St Target Retail Existing Dayton-Hudson Corp Santa Ana 1986 0 300 2.86 119,343 119,343 0 100% $2.05 2110-2148 S Bristol St Bristol & Warner Marketplace Retail (Neighborhood Center) Existing Au Zone Santa Ana LLC Santa Ana 1979 0 594 4.80 111,405 111,405 1,481 100% $2.58 3816-3923 S Bristol St Bristol Center Retail (Community Center) Existing Susan Elizabeth Gisler Santa Ana 1973 0 375 4.24 102,055 97,258 7,200 95% $3.67 3719-3785 S Plaza Dr Metro Town Square Retail (Community Center) Existing Susan Elizabeth Gisler Santa Ana 1973 2002 6.00 70,520 70,520 0 100% $6.70 3309 S Bristol St Bristol Plaza Retail (Community Center) Existing 3309 South Bristol St LLC Santa Ana 1972 0 178 3.78 47,141 47,141 0 100% $2.99 3814-3816 Bristol St Bristol Sunflower Plaza Retail (Power Center) Existing Susan Elizabeth Gisler Santa Ana 1972 0 114 4.43 17,529 10,786 6,744 62% $3.02 3019-3047 Bristol St Bristol Center Retail (Neighborhood Center) Existing Red Mountain Retail Group, Inc. Santa Ana 1977 0 178 7.35 16,944 16,944 0 100% $6.12 3370-3400 S Bristol St Bristol Place Retail (Strip Center) Existing Johanna Kim Santa Ana 1986 0 100 8.01 12,477 5,529 6,948 44% 3941 S Bristol Sunflower Plaza Retail (Strip Center) Existing SunflowerMetro LLC Santa Ana 1978 0 43 3.58 12,000 12,000 0 100% 3310-3338 S Bristol St Bristol Place Retail (Strip Center) Existing Johanna Kim Santa Ana 1986 0 54 4.82 11,212 11,212 0 100% 3605-3614 S Bristol St Bristol Center Retail (Community Center) Existing Susan Elizabeth Gisler Santa Ana 1974 0 110 7.39 10,920 7,983 2,938 73% $7.06 3820 S Bristol St Bristol Sunflower Plaza Retail (Power Center) Existing Susan Elizabeth Gisler Santa Ana 1974 0 60 6.36 9,440 9,440 0 100% $3.54 3929 S Bristol St Sunflower Plaza Retail (Strip Center) Existing SunflowerMetro LLC Santa Ana 1979 0 9,000 9,000 0 100% 3608 S Bristol St Metro Town Square Retail (Community Center) Existing Susan Elizabeth Gisler Santa Ana 1974 0 8,426 8,426 0 100% $3.19 3357 S Bristol St Bristol Plaza Retail (Community Center) Existing Brixmor Santa Ana 1972 0 20 2.38 8,400 8,400 0 100% $2.59 3365 S Bristol St Bristol Plaza Retail (Community Center) Existing Brixmor Property Group Inc. Santa Ana 1972 0 32 3.83 8,360 8,360 0 100% $3.17 2911 S Bristol St Hustler Hollywood Retail Existing Amir Shirian Santa Ana 1973 2021 8,000 8,000 0 100% $1.28 3333 Bristol St South Coast Plaza Retail (Super Regional Mall) Existing CJ Segerstrom & Sons Costa Mesa 1967 1999 13,975 7.00 717,644 717,644 0 100% 3333 Bristol St South Coast Plaza Retail (Super Regional Mall) Existing CJ Segerstrom & Sons Costa Mesa 1967 0 254,634 254,634 0 100% $1.57 3333 Bristol St Bloomingdale's Retail (Super Regional Mall) Existing Macy's, Inc. Costa Mesa 1967 0 176,000 174,205 1,790 99% $2.75 3333 Bristol St South Coast Plaza Retail (Super Regional Mall) Existing CJ Segerstrom & Sons Costa Mesa 1967 0 80 4.94 16,196 16,196 0 100% 3333 Bristol St Maggiano's Retail (Super Regional Mall) Existing CJ Segerstrom & Sons Costa Mesa 1983 0 106 7.00 12,161 12,161 0 100% 3333 Bristol St Sears Auto Center Retail (Super Regional Mall) Existing CJ Segerstrom & Sons Costa Mesa 1967 0 68 7.00 10,532 10,532 0 100% Total 16,981 5.29 2,011,205 1,983,362 33,210 98.3% $2.91 *Note: Blank spaces indicate that data was not available. Exhibit 10 City Council 26 – 551 10/1/2024 26 SECTION VI RETAIL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com According to CoStar, there is 5,965,139 SF of retail space within the 2-Mile Zone with only 131,000 vacant SF, a vacancy rate of 2.0%. DTA also observed that the asking rent in the 2-Mile Zone is currently $33.46 per SF pr year. Based upon this information, we are estimating that the rent for the ground-floor retail space will start at $36.00 per SF per year. CoStar is estimating net operating costs in the selected sample at about 8.1% ($2.91/$36.00), as shown in Table 10. For our analysis, DTA rounded this to 10.0% since many older buildings have deferred maintenance. In accordance with current operators, we have estimated that an owner will allocate 3.0% to capital reserves that are used to improve space as it ages and also to provide funds to upgrade space to remain competitive in the marketplace. Finally, DTA reviewed current cap rates, as shown in Figure 13. This schedule summarizes cap rates by a product star system in which five stars is best and one star is the poorest. The below items in italics are quotes from a CoStar document titled CoStar Building Rating System. “The CoStar Building Rating SystemSM is a national rating for commercial buildings on a universally recognized 5 Star scale. Historically the industry has lacked a centralized system for evaluating buildings using specific standards developed for each property type. The extensive, standardized property information collected by CoStar Research makes such a national building rating system possible. The rating system considers the building separately from its immediate vicinity, with the exception of retail properties. This distinction enables the rating system to address the intrinsic quality of a specific building, with the understanding that a range of building quality may exist in any given location. A building considered to be Class A quality in one market may not qualify as Class A in another. However, because ratings are based on specific standards developed for each property type and consistently applied across different markets, a 4 Star building, for example, is expected to be comparable with all other 4 Star buildings across all markets. Figure 13: Market Cap Rate by Star Rating Exhibit 10 City Council 26 – 552 10/1/2024 27 SECTION VI RETAIL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Buildings are rated through an examination of the design and construction of a building. For example, the type of exterior materials, the quantity and quality of windows and the lobby finishes present in office buildings; the ceiling height and number of loading docks in warehouses and distribution centers; the entrances and parking areas for retail properties; and the types of finishes offered in the units of multi-family buildings. These examples, as well as many other factors all have an effect on a building’s rating. The multitude and diversity of decisions that are made when designing, constructing, renovating and managing a building creates a built environment in which no building is identical to another, even when of the same property type. However, CoStar tracks the entire range of buildings, from skyscrapers in large cities to single story buildings in smaller markets.” At the time of this Report, the draft Specific Plan did not contain a product mix for the various retail sites, except that the Specific Plan discusses a space large enough for a full-size grocery store. We assumed the 350,000 SF of retail space will target the needs of those living in the proposed urban village, such as specialty retail, dry cleaners, ice cream stores, liquor stores, coffee shops, gyms, and banks. A specialty retailer focuses on selling a specific product category or product line rather than offering general consumer goods. We also believe that shoppers will be attracted to the new retail space due to the ease of access to and from the proposed underground parking complex. We have assumed the retail venues will be designed to achieve a five-star rating. As shown in Figure 13, a five-star rating earns a lower cap rate than a lower rating. Based upon this, DTA has assumed a cap rate of 4.75% for general retail and 4.50% for grocery store(s). Grocery stores in traditional neighborhood commercial centers generally enjoy lower rental rates than other tenants, primarily since a grocery store will generate significant traffic that benefits other shops. However, since there will be more than 6,750 residents living within the community, it is not necessary for a grocery store to generate significant additional traffic since there will be foot traffic from the individuals residing within the Specific Plan area. DTA interviewed Al Marasca, the retired president of Ralphs, one of the largest grocery chains in Southern California, and he confirmed that based upon company policies, Ralphs would be interested in entering this market. In general, their philosophy was that if there were an additional 8,000 residents within a defined shopping area, his former company would invest in the community. He also acknowledged that the addition of 6,750 residents within this urban village could capture new residents that would provide a strong incentive for his former company to open a new facility within the Specific Plan area. Exhibit 10 City Council 26 – 553 10/1/2024 28 SECTION VI RETAIL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Below is a summary of our findings regarding the proposed NAV generated by the retail properties. Table 11: NAV Planning Area Description Block Square Feet Monthly Rent Scheduled Rent Vacancy Net Operating Expenses Capital Reserve Vacancy Oper. Exp and Cap Reserve Net Operating Income Market Cap Rate Net Asset Value Planning Area 2 Ground Floor Retail Block 11 31,004 SF $3.00 SF/Mth $1,116,144 5.00% 10.00% 3.00% ($200,906) $915,238 4.75% $19,268,000 Planning Area 4 Ground Floor Retail Block 12 16,216 SF $3.00 SF/Mth $583,776 5.00% 10.00% 3.00% ($105,080) $478,696 4.75% $10,078,000 Planning Area 8 Retail - Grocery Anchored Block 14 38,269 SF $3.00 SF/Mth $1,377,684 5.00% 10.00% 3.00% ($247,983) $1,129,701 4.50% $25,104,000 Planning Area 10 Ground Floor Retail Block 15 12,454 SF $3.00 SF/Mth $448,344 5.00% 10.00% 3.00% ($80,702) $367,642 4.75% $7,740,000 Planning Area 17 Ground Floor Retail Block 18 18,810 SF $3.00 SF/Mth $677,160 5.00% 10.00% 3.00% ($121,889) $555,271 4.75% $11,690,000 Planning Area 19 Ground Floor Retail Block 19 16,735 SF $3.00 SF/Mth $602,460 5.00% 10.00% 3.00% ($108,443) $494,017 4.75% $10,400,000 Planning Area 20 Neighborhood Retail Block 20 25,167 SF $3.00 SF/Mth $906,012 5.00% 10.00% 3.00% ($163,082) $742,930 4.75% $15,641,000 Planning Area 31 Ground Floor Retail Block 3 19,070 SF $3.00 SF/Mth $686,520 5.00% 10.00% 3.00% ($123,574) $562,946 4.75% $11,852,000 Planning Area 33 Ground Floor Retail Block 7 35,156 SF $3.00 SF/Mth $1,265,616 5.00% 10.00% 3.00% ($227,811) $1,037,805 4.75% $21,849,000 Planning Area 35 Ground Floor Retail Block 10 20,886 SF $3.00 SF/Mth $751,896 5.00% 10.00% 3.00% ($135,341) $616,555 4.75% $12,980,000 Planning Area 41 Ground Floor Retail Block 1 21,794 SF $3.00 SF/Mth $784,584 5.00% 10.00% 3.00% ($141,225) $643,359 4.75% $13,544,000 Planning Area 43 Ground Floor Retail Block 2 21,015 SF $3.00 SF/Mth $756,540 5.00% 10.00% 3.00% ($136,177) $620,363 4.75% $13,060,000 Planning Area 49 Ground Floor Retail Block 6 34,247 SF $3.00 SF/Mth $1,232,892 5.00% 10.00% 3.00% ($221,921) $1,010,971 4.75% $21,284,000 Planning Area 51 Ground Floor Retail Block 8 17,772 SF $3.00 SF/Mth $639,792 5.00% 10.00% 3.00% ($115,163) $524,629 4.75% $11,045,000 Planning Area 53 Ground Floor Retail Block 9 21,405 SF $3.00 SF/Mth $770,580 5.00% 10.00% 3.00% ($138,704) $631,876 4.75% $13,303,000 Total/Average 350,000 SF $1,050,000 $12,600,000 ($630,000) ($1,260,000) ($378,000) ($2,268,000) $10,332,000 4.72% $218,838,000 Exhibit 10 City Council 26 – 554 10/1/2024 29 SECTION VII HOSPITALITY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com VII HOSPITALITY The hospitality market in the 2-Mile Zone includes more than 14,000 units comprising 4,643 classified as Luxury and Upper Upscale, 5,746 as Upper Midscale, and 3,915 considered as Midscale or Economy. Since we believe the proposed 250-unit hotel will be in the Upper Upscale category, our analysis will focus on these products. As a result of COVID-19, hotel occupancy in the 2-Mile Zone fell from 77% to 40% in August 2021. However, it has rebounded and is now back to 73% occupancy. RevPAR is a significant metric for hotel operators. RevPAR shows revenue generated per room regardless of whether rooms are occupied or vacant. It is calculated by dividing actual room revenue by potential room revenue, as if all rooms were occupied. The total revenue includes all hotel revenues related to rooms, food service, and beverages and revenue generated by other income-producing departments. An increase in RevPAR is often interpreted as either an increase in average room rate or an increase in room occupancy. Since there are two metrics involved, an increase in RevPAR does not necessarily mean that a building is performing better. Like most financial metrics, RevPAR is limited because it does not identify whether the room rate or occupancy is either increasing or decreasing. However, it is a useful tool to compare one project to another. According to CoStar, the 12-month occupancy rate in the 2-Mile Zone was 73.9%, with an average room rate of $194.55 yielding a RevPAR of about $143.41. In general, this indicates a strong hospitality market. It should also be noted that the Luxury and Upper Upscale properties generated RevPAR close to $180 per room. We obtained information for competitive full-service hotels within the the 2-Mile Zone that we thought should be evaluated as possible competitors to the hotel proposed in the Specific Plan. This information is summarized below. For properties that did not have a metric, such as parking at the Westin South Coast Plaza, we left the information blank. Based upon the information provided by the Developer, DTA concluded the Westin South Coast Plaza would be a property that it would target as its competitor since it is a full-service 4 Star property with Figure 14: Hotel Occupancy in the 2-Mile Zone Figure 15: RevPAR by Class Exhibit 10 City Council 26 – 555 10/1/2024 30 SECTION VII HOSPITALITY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com more than 15 floors and over 30,000 SF of meeting space. Table 12: Selected Hotels in the 2-Mile Zone Property Name No. of Stories Rooms Land Area (SF) Total Mtg Space No. of Parking Spaces Adv. Room Rent Hotel Class Star Rating Brand Year Built Year Renovated Hilton Orange County Costa Mesa 7 486 252,648 32,379 535 $194 Upper Upscale 4 Hilton 1970 2014 Westin South Coast Plaza Costa Mesa 15 393 129,373 33,952 $244 Upper Upscale 4 Westin 1975 2008 Avenue Of The Arts Costa Mesa 5 238 130,680 5,000 250 $234 Upper Upscale 4 Tribute Portfolio 1986 0 Marriott Costa Mesa 11 253 131,155 3,072 $237 Upper Upscale 4 Marriott 1989 2004 Marriott Irvine 17 496 465,656 26,645 600 $339 Upper Upscale 4 Marriott 1983 0 Hilton Irvine Orange County Airport 10 306 288,803 18,036 414 $203 Upper Upscale 4 Hilton 1985 2016 Embassy Suites by Hilton Irvine Orange County Airport 10 293 86,684 2,199 534 $155 Upper Upscale 4 Embassy Suites by Hilton 1986 2008 Embassy Suites by Hilton Santa Ana Orange County Airport 7 301 164,156 7,251 350 $125 Upper Upscale 4 Embassy Suites by Hilton 1984 0 Marriott Newport Beach Bayview 9 254 214,568 3,798 297 $279 Upper Upscale 4 Marriott 1988 2018 Renaissance Newport Beach Hotel 10 444 322,344 16,815 450 $184 Upper Upscale 4 Renaissance 1983 0 Hyatt Regency John Wayne Airport Newport Beach 7 343 267,894 21,000 219 $198 Upper Upscale 4 Hyatt Regency 1974 0 Best Western Plus Newport Mesa Inn 3 97 56,628 3,000 $219 Upper Midscale 3 Best Western Plus 1984 0 Hampton by Hilton Inn & Suites Irvine Orange County Airport 4 164 43,560 2,511 $177 Upper Midscale 3 Hampton by Hilton 2018 0 Atrium Hotel Orange County 3 210 278,784 6,300 $169 Upper Midscale 3 1969 0 Total Upscale Rooms is 2-Mile Zone 4,278 Overall Average 570 3,649 $211 Upper Upscale 346 $218 Upper Midscale 157 $173 As a result, we based our daily room rates on the data presented in Table 12. Although the advertised room rate for the Westin South Coast Plaza is $244 per night, we chose to use an average room rate of $210 for the proposed hotel. We believe that the Westin South Coast Plaza’s affiliation with the Hilton Flag drives significant guests to it and, since there are no comments in the Specific Plan that the hotel would be flagged, we adjusted the room rate downward. Further, since most Upper Upscale business hotels have established long-term relationships with corporate clients, we felt these long-term relationships would continue to direct corporate business to them. Until we obtain additional information, we have concluded that a daily room rate of $210 was representative of the future. We further believe that once the proposed hotel gains a reputation, its revenue could approach that of the Westin South Coast Plaza. The next step in determining total hotel revenue is to estimate the RevPAR revenues. These include food sales, beverage sales, technology revenues, and minor departments. The first two categories are self- explanatory. Technology revenues relate to internet, phone service, TV-streaming services, and others guest services. Minor department revenues include garage facilities, in-house laundry, health clubs and swimming pools, and retail shops. These departmental revenues make up more than 26% of total hotel revenues. We reduced department revenues by corresponding department expenses. In addition to department income and expenses, hotels incur “Undistributed Operating Expenses.” These expenses include administration and general operating, marketing, management fees, franchise fees, energy, operations and maintenance, insurance, and property taxes. Table 13: Hotel NAV Hotel Percentage Daily Room Rent Daily Revenue Annual Revenue % of Total Base Room Rent $210.00 $52,500 $19,162,500 104.66% Exhibit 10 City Council 26 – 556 10/1/2024 31 SECTION VII HOSPITALITY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Vacancy (30.00%) ($15,750) ($5,748,750) (31.40%) Rev Par $147.00 $36,750 $13,413,750 73.26% Food Sales 16.00% $23.52 $5,880 $2,146,200 11.72% Beverage Sales 7.50% $11.03 $2,756 $1,006,031 5.49% Technology 3.00% $4.41 $1,103 $402,413 2.20% Minor Departments 10.00% $14.70 $3,675 $1,341,375 7.33% Total Non-RevPAR Income $53.66 $13,414 $4,896,019 26.74% Gross Hotel Revenue $200.66 $50,164 $18,309,769 100.00% Hotel Expenses Department Expenses ($63.43) ($15,858) ($5,788,033) (31.61%) Undistributed Operating Expenses ($60.27) ($15,068) ($5,499,638) (30.04%) Fixed Charges ($6.62) ($1,653.75) ($603,618.75) ($0.03) Capital Reserves for FF& E ($2.94) ($735.00) ($268,275.00) ($0.01) Total Expenses and Reserves ($133.26) ($33,314) ($12,159,564) (66.41%) Net Operating Income $67.40 $16,850 $6,150,204 33.59% Net Asset Value @ 6.5% 6.50% $94,619,000 We reduced the hotel income by hotel expenses to determine NOI. As described above, one of the significant variables to evaluate an IPP is the assumed cap rate. Figure 16 depicts a summary of existing cap rates by hotel class. We believe the proposed hotel will be similar to the Westin South Coast Plaza, which qualifies as an Upper Upscale property. This led us to determine that a cap rate of 6.5% is appropriate. Therefore, we concluded that with a NOI of $6,150,000, the value of the proposed hotel would be about $95,000,000. After we established the value of the proposed hotel, the next step to determine the viability of a hotel is to identify the costs required to construct the hotel. Table 14 provides a summary of costs incurred in constructing a hotel of that quality. We estimated that vertical construction costs would be $350 per square foot for income-generating room space and $291 for all other space. We also include a 5% contingency and an allocation for a building permit in this category. Indirect costs include engineering and consulting costs, as well as Development Impact Fees (“DIFs”). Direct development costs include all physical site costs, plus a percentage share of backbone costs and parking to accommodate 121 spaces. Indirect costs include field and office operations, as well as corporate general and administrative expenses. Marketing and sales costs are a portion of a project-wide brand development program for the site. Financing costs include interest, loan fees, and property taxes. Figure 16: Market Cap Rate by Class Exhibit 10 City Council 26 – 557 10/1/2024 32 SECTION VII HOSPITALITY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Table 14: Hotel Construction Costs Project Costs Percentage Per Room Per SF Total Rooms/Total SF 250 Rooms 140,000 SF Room SF 100,000 SF Land $0 $0.00/SF $0 Vertical Costs $197,960/DU $353.50/SF $49,490,000 Land Development Soft Costs $3,699/DU $6.60/SF $924,634 Lot Development Direct Costs $18,897/DU $33.75/SF $4,724,369 Share of Backbone Costs $7,106/DU $12.69/SF $1,776,413 Indirect Costs 4.00% $19,872/DU $35.49/SF $4,968,016 Marketing and Sales 2.00% $378/DU $0.68/SF $94,619 Finance Costs 5.00% $9,501/DU $16.97/SF $2,375,290 Total Costs $257,413/DU $459.67/SF $64,353,341 A Hospitality Summary We believe the 2-Mile Zone could accommodate another Upper Upscale since the hotel occupancy in the 2-Mile Zone is close to 75% and has strong RevPAR characteristics. Below is a summary indicating that the “Excess of Value over Costs” for the proposed hotel is 32%, a margin that in a normal market would attract a developer and investors to finance the construction of a hotel property. Table 15: Excess of Value Over Costs Description Estimate Percent Hotel Value $94,619,000 100.00% Hotel Costs ($64,353,000) (68.01%) Excess of Value over Costs $30,266,000 31.99% B Congregate Care A congregate care facility focuses on providing a stable environment for people who have difficulty in living independently related to physical, emotional, or social abilities. Since each tenant in a congregate care facility has different needs, these facilities offer various services to assist them. Congregate care residences generally receive care tailored to their specific needs, thereby providing a maintenance-free lifestyle. The types of care available include well-balanced meals, physical and mental stimulation, establishment of a purpose for life, social interaction, and the provision of stimulation for the the mind and body to achieve a more comfortable life for a person requiring their services. The primary difference between assisted living facilities and nursing homes is the medical services provided. Residents in an assisted living facility often live independently in their own units whereas tenants in a nursing home usually require around-the-clock medical support or monitoring. The services that congregate care facilities offer vary by facility but may include the amenities listed below. Personalized service up to 24 hours a day; Housekeeping services; Individual care planning: Utilities and basic cable; Up to three meals a day; In-home maintenance; Exhibit 10 City Council 26 – 558 10/1/2024 33 SECTION VII HOSPITALITY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Communal dining; Calendar of social activities; Full-time nursing; Education programs; Assistance with medication; Fitness and wellness center; Emergency response system; Salon and spa; Assistance with dressing; Transportation; Assistance with bath and showers; Concierge services; On-site physical therapy; Resident group activities; and Laundry services; Access to community amenities. Since the Specific Plan does not specify the type of congregate care facility that will be constructed, we chose a facility providing similar serves to others in the neighborhood, including facilities near Hoag Hospital in Newport Beach. We chose the Hoag Hospital area since we believe those living in the Hoag Hospital area would find the Urban Village a representative alternative. As with other products included in the Specific Plan, the Specific Plan discusses the concept of congregate care but does go into detail describing a specific program. Therefore, we envisioned a product line with several floor plans ranging from studio apartments up to two-bedroom units. The program would also include many of the amenities listed above. We reviewed data provided by CoStar, but due to the absence of a detailed congregate care facility description in the Specific Plan, we made some broad assumptions of future intents for the facility. According to Senior Housing Net website, the costs of living in California in a congregate care community throughout the state are: Assisted Living: $5,250 Independent Living: $3,413 Memory Care: $6,563 Nursing Home Care: $9,794 Based upon reviewing CoStar and the estimates from Senior Housing Net, we estimated an average monthly rent of $7,500. For our calculations, we chose a vacancy rate of 5%. We also estimated that the average room size would be 800 SF, allowing for a combination of studio, one-bedroom, and two-bedroom units. In addition to basic rent, a typical congregate care offers services and amenities to its tenants for an additional fee. These include food and beverage services, salon and spa services, transportation, etc. Based upon our estimates, we determined NOI and then an NAV for this asset class shown below Table 16: Congregate Care NAV Description Per Room per Month Total Per Month Annual Revenues from Rooms $7,500 $1,500,000 $18,000,000 Vacancy ($375) ($75,000) ($900,000) Revenues After Vacancy $7,125 $1,425,000 $17,100,000 Revenues From Services $3,420 $684,000 $8,208,000 Exhibit 10 City Council 26 – 559 10/1/2024 34 SECTION VII HOSPITALITY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Total Revenues $10,545 $2,109,000 $25,308,000 Department Expenses ($4,451) ($890,288) ($10,683,450) Undistributed Operating Expenses ($2,925) ($585,000) ($7,020,000) Insurance and Property Tax ($143) ($28,500) ($342,000) Total Operating Expenses $3,026 $605,213 $7,262,550 Capital Reserves ($143) ($28,500) ($342,000) Net Operating Income $2,884 $576,713 $6,920,550 Net Asset Value @ 6.5% Cap Rate $532,350 $106,470,000 $106,470,000 To determine if a congregate care facility would provide a profitable return, we estimated the costs to construct the facility. They are as follows: Table 17: Congregate Care Development Costs Project Costs Percentage Per Room Per SF Total 200 Rooms 192,000 Land $0 $0.00/SF $0 Vertical Costs $296,940 $309.31/SF $59,388,000 Lot Indirect Costs $24,417 $43.60/SF $106,036 Lot Development Direct Costs $10,449 $18.66/SF $2,752,656 Share of Backbone Costs $7,951 $14.20/SF $1,998,918 Indirect Costs 4.00% $21,294 $42.00/SF $5,641,983 Marketing and Sales 2.00% $10,647 $0.76/SF $106,470 Finance Costs 5.00% $9,747 $17.40/SF $2,672,807 Total Costs $381,445 $445.94/SF $72,666,871 Exhibit 10 City Council 26 – 560 10/1/2024 35 SECTION VII HOSPITALITY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com C Congregate Care Summary We reviewed the viability of a congregate care facility in the Project and determined that the value of the congregate care facility would exceed the NAV by $30,266,000. Therefore, we concluded that the proposed facility is acceptable in the Project. Table 18: Congregate Care Excess of Value Over Costs Description Estimate Percent Congregate Care Value $106,470,000 112.52% Congregate Care Costs ($72,667,000) (76.80%) Excess of Value over Costs $33,803,000 35.73% Exhibit 10 City Council 26 – 561 10/1/2024 18201 VON KARMAN AVENUE, SUITE 220 IRVINE, CA 92612 PHONE: (800) 969-4DTA Public Finance Public-Private Partnerships Development Economics Clean Energy Bonds www.FinanceDTA.com Exhibit 10 City Council 26 – 562 10/1/2024 Exhibit 11 The Related Bristol Specific Plan Sunshine Ordinance community meeting materials are available online on the City’s project webpage at: https://www.santa-ana.org/related-california-bristol-specific-plan/ City Council 26 – 563 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 564 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 565 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 566 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 567 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 568 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 569 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 570 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 571 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 572 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 573 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 574 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 575 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 576 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 577 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 578 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 579 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 580 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 581 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 582 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 583 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 584 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 585 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 586 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 587 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 588 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 589 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 590 10/1/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 26 – 591 10/1/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 1 of 10 • Goal CM-1: Recreation and Culture. Provide opportunities for public and private recreation and cultural programs that meet the needs of Santa Ana’s diverse population. o Policy CM-1.6 Recreation on Private Property. Promote the development and use of privately-owned recreation and entertainment facilities that help meet the needs of Santa Ana residents. • Goal CM-3: Active Living and Well-being. Promote the health and wellness of all Santa Ana residents. o Policy CM-3.2 Healthy Neighborhoods. Continue to support the creation of healthy neighborhoods by addressing public safety, land use conflicts, hazardous soil contamination, incompatible uses, and maintaining building code standards. o Policy CM-3.5 Community Spaces. Encourage positive community interactions and neighborhood pride to create secure communities and promote safe public spaces. o Policy CM-3.8 Underutilized Spaces. Repurpose underutilized spaces and City-owned vacant land as a strategy to improve community health and increase the number and accessibility of opportunities for health and recreation activities. Prioritize the redevelopment of such sites within environmental justice area boundaries and other areas underserved by parks and recreation opportunities The project is consistent with these General Plan Community Element goals and policies, as it provides for publicly-accessible recreation opportunities on the project site through its 13.1 acres of publicly-accessible, programmable open space areas. The project results in the redevelopment of a 41-acre site by introducing a mixed-use, urban village that encourages active and passive recreation. While the existing commercial development has no onsite open space acreage, the proposed specific plan requires the provision of onsite open space for both publicly-accessible and private open space areas. • Goal M-1: Comprehensive Circulation. A comprehensive and multimodal circulation system that facilitates the safe and efficient movement of people, enhances commerce, and promotes a sustainable community. o Policy M-1.6 Complete Streets. Transform travelways to accommodate all users through street design and amenities, such as sidewalks, trees, landscaping, street furniture, and bus shelters. • Goal M-3: Active Transportation. A safe, balanced, and integrated network of travelways for nonmotorized modes of transportation that connects people to activity centers, inspiring healthy and active lifestyles. City Council 26 – 592 10/1/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 2 of 10 o Policy M-3.2 Nonmotorized Travelway Amenities. Enhance nonmotorized travelways with amenities such as landscaping, shade trees, lighting, benches, crosswalks, rest stops, bicycle parking, and support facilities that promote a pleasant and safe experience. o Policy M-3.7 Complete Streets Design. Enhance streets to facilitate safe walking, bicycling, and other nonmotorized forms of transportation through community participatory design. • Goal M-4: Transportation, Land Use, and Design. Coordinated transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. o Policy M-4.1 Intense Development Areas. Program multimodal transportation and public realm improvements that support new development in areas along transit corridors and areas planned for high intensity development. o POLICY M-4.2 Project Review. Encourage active transportation, transit use, and connectivity through physical improvements and public realm amenities identified during the City’s Development Review process. o Policy M-4.5 Land Use Development Design. Ensure that building placement and design features create a desirable and active streetscape, by prioritizing pedestrian access directly from the street and placing parking lots to the rear of a development site. o Policy M-4.7 Parking. Explore and implement a flexible menu of parking options and other strategies to efficiently coordinate the response to parking demands. • Goal M-5: Sustainable Transportation. A transportation system that is attractive, safe, state-of-the-art, and supports community, environmental, and conservation goals. o Policy M-5.1 Enhanced Street Design. Improve the beauty, character, and function of travelways with amenities such as landscaped parkways and medians, bike lanes, public art, and other amenities. The project is consistent with these General Plan Mobility Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed-use urban village that encourages multi-modal transit. Moreover, the proposed specific plan will introduce a walkable grid of streets and paseos, further encouraging pedestrian, bicycle, and alternate means of transportation both within and to/from the project site. • Goal EP-1: Job Creation and Retention. Foster a dynamic local economy that provides and creates employment opportunities for all residents in the city. o Policy Attract Business Strengthen and expand citywide business attraction efforts in order to achieve the city’s full employment potential. City Council 26 – 593 10/1/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 3 of 10 • Goal EP-3: Business Friendly Environment. Promote a business friendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities. o Policy EP-3.4 Complete Communities. Encourage the development of “complete communities” that provide a range of housing, services, amenities, and transportation options to support the retention and attraction of a skilled workforce and employment base. o Policy EP-3.10 Rethinking Strip-Commercial. Promote the creation of distinctive neighborhood serving districts through the renovation or redevelopment of existing strip-commercial development. The project is consistent with these General Plan Economic Prosperity Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed-use urban village. The project will contain a diverse range of employment opportunities for the commercial, senior continuum care, hotel, and residential communities that will take shape on the project site. • Goal OS-1: Parks, Open Space, and Recreation. Provide an integrated system of accessible parks, recreation facilities, trails, and open space to serve the City of Santa Ana. o Policy OS-1.2 Parks and Recreation System. Provide and support a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreational opportunities. o Policy OS-1.5 Park and Open Space Types. Provide a mix of community, neighborhood, and special use parks, along with greenway corridors, natural areas, and landscape areas, to meet community needs for greenspace, recreation space, social space, and trail connectivity. o Policy OS-1.9 New Development. Require all new development to provide adequate parks and open space, including via parkland dedication or development fees, in order to meet the City’s park standard. Ensure that new development includes pedestrian and multi-modal travelways to promote a quality living environment. For new development within park deficient and environmental justice areas, prioritize the creation and dedication of new public parkland over the collection of impact fees. o Policy OS-1.10 Creative Solutions for Deficiencies. Develop creative and flexible solutions to provide greenspace and recreation activities in park- deficient neighborhoods. Encourage private and commercial recreational facilities that are physically open to the public and are affordable to residents of surrounding neighborhoods, and serve community needs. City Council 26 – 594 10/1/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 4 of 10 The project is consistent with these General Plan Open Space Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed-use urban village. The project will contain 13.1 acres of total onsite public open space, which will be maintained for public access and enjoyment through both the Specific Plan’s goals and development standards, as well as the project’s proposed Development Agreement (No. 2023-02). The 13.1 acres of onsite open space comprise almost one-third of the entire site’s 41 acres, and will be programmed for both passive and active uses, with a minimum of four community events per year. Moreover, the project’s street frontages will contain new bike lanes, with stretches built as protected bike lanes, encouraging active recreation to and from the project site. • Goal LU-1: Growing Responsibly. Provide a land use plan that improves quality of life and respects our existing community o Policy LU-1.1 Compatible Uses. Foster compatibility between land uses to enhance livability and promote healthy lifestyles. o Policy LU-1.3 Equitable Creation and Distribution of Open Space. Promote the creation of new open space and community serving amenities in park-deficient areas that keeps pace with the increase in multi-unit housing development, with priority given to those that are also within environmental justice area boundaries. o Policy LU-1.5 Diverse Housing Types. Incentivize quality infill residential development that provides a diversity of housing types and accommodates all income levels and age groups. o Policy LU-1.6 Transit Oriented Development. Encourage residential mixed-use development, within the City’s District Centers, Urban Neighborhoods, and adjacent to high quality transit. o Policy LU-1.8 Development Tradeoffs. Ensure that new development projects provide a net community benefit. o Policy LU-1.9 Public Facilities and Infrastructure. Evaluate individual new development proposals to determine if the proposals are consistent with the General Plan and to ensure that they do not compound existing public facility and service deficiencies. • Goal LU-2: Land Use Needs. Provide a balance of land uses that meet Santa Ana’s diverse needs. o Policy LU-2.1 Employment Opportunities. Provide a broad spectrum of land uses and development that offer employment opportunities for current and future Santa Ana residents. City Council 26 – 595 10/1/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 5 of 10 o Policy LU-2.2 Capture Local Spending. Encourage a range of commercial uses to capture a greater share of local spending, and offer a range of employment opportunities. o Policy LU-2.3 Supportive Spaces. Provide a diversity of land uses that support residents, visitors, and businesses, such as open space, areas for community gatherings, and outdoor entertainment venues o Policy LU-2.4 Cost and Benefit of Development. Balance the benefits of development with its fiscal impacts on the city and on quality of life for the community. o Policy LU-2.5 Benefits of Mixed-Use. Encourage infill mixed-use development at all ranges of affordability to reduce vehicle miles traveled, improve jobs/housing balance, and promote social interaction. o Policy LU-2.7 Business Incubator. Support land use decisions that encourage the creation, development, and retention of businesses in Santa Ana. o Policy LU-2.8 City Image. Encourage land uses, development projects, and public art installations that promote the city’s image as a cultural, governmental, and business-friendly regional center. o Policy LU-2.10 Smart Growth. Focus high density residential in mixed-use villages, designated planning focus areas, Downtown Santa Ana, and along major travel corridors. • Goal LU-4: Complete Communities. Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. o Policy LU-4.5 VMT Reduction. Concentrate development along high quality transit corridors to reduce vehicle miles traveled (VMT) and transportation- related carbon emissions. The project is consistent with these General Plan Land Use Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed-use urban village. The project has been thoroughly evaluated for environmental impacts, as well as for market, fiscal impact, economic impact, and community benefits through multiple analyses. The proposed specific plan establishes a foundation for future developments within the specific plan area that provide a balance of commercial and residential land uses, conforming to the General Plan’s DC-5 land use designation and the South Bristol Street Focus Area’s goals. The infill nature of the project encourages smart growth by conserving resources and locating new development in an already-urbanized, transit-oriented area adjacent to or near major employment centers. The project conforms to all Vehicle Miles Travelled (VMT) guidelines adopted by the City and enhances the City’s image at a major intersection leading into Santa Ana. City Council 26 – 596 10/1/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 6 of 10 • Goal UD-1: Physical Character. Improve the physical character and livability of the City to promote a sense of place, positive community image, and quality environment. o Policy UD-1.1 Design Quality. Ensure all developments feature high quality design, materials, finishes, and construction. o Policy UD-1.2 Public Art. Require public art as part of major developments and the public realm improvements. o Policy UD-1.4 Safety Through Design. Incorporate public safety design features into private and public developments to prevent loitering, vandalism, and other undesirable activities. o Policy UD-1.5 Attractive Public Spaces. Encourage community interaction through the development and enhancement of plazas, open space, people places, and pedestrian connections with the public realm. o Policy UD-1.6 Active Transportation Infrastructure. Support the creation of citywide public street and site amenities that accommodate and promote an active transportation-friendly environment. • Goal UD-2: Sustainable Environment. Improve the built environment through sustainable development that is proportional and aesthetically related to its setting. o Policy UD-2.1 Enhanced Public Realm Experience. Encourage development to enhance the existing environment through the use of creative architectural design and sustainable streetscape treatments that are consistent on each corridor. o Policy UD-2.2 Compatibility and Use With Setting. Employ buffers and other urban design strategies to encourage the compatibility of new development with the scale, bulk, and pattern of existing development. o Policy UD-2.4 Intentional Design. Encourage design and architecture on private and public property that accentuate focal points, activity nodes, and historic areas. o Policy UD-2.5 Relation to Surroundings. Ensure new development exhibits a functional, comfortable scale in relation to its neighborhood. o Policy UD-2.7 Building and Strengthening Identity. Collaborate with community stakeholders to strengthen and foster development of community and neighborhood identity and district character through complementary architecture, unique streetscapes, and programming. o Policy UD-2.10 Greening the Built Environment. Promote planting of shade trees and require, where feasible, preservation and site design that uses appropriate tree species to shade parking lots, streets, and other facilities, with the goal of reducing the heat island effect. City Council 26 – 597 10/1/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 7 of 10 • Goal UD-3: Attractive Travelways. Create and maintain safe and attractive travelways through coordinated streetscape design. o Policy UD-3.3 Foster Community Building. Promote a safe environment that facilitates social interaction and improves active transportation along corridors. o Policy UD-3.4 Improvements to Streetscape. Promote streetscape improvement plans that are responsive to community needs, the nature of adjacent uses, path characteristics, street classification, pedestrian scale, and view corridors. o Policy UD-3.6 Linear Park System. Support open space improvements along roadways and nonvehicular paths, such as bike or multiuse trails, to create linear open space that connect to a network of parks and activity areas throughout the city. o Policy UD-3.8 Pleasant Travel Experience. Maximize the use of street trees and parkway landscaping to create a pleasant travel experience and positive city image. • Goal UD-4: Nodes and People Places. Create nodes and urban hubs throughout the City to foster community, education, arts and culture, business activities, entertainment, and establish Santa Ana as a vibrant center. o Policy UD-4.1 Intentional Development. Support development growth in nodes consistent with the City’s vision as the dynamic urban center of Orange County. o Policy UD-4.2 Image Making Through Architecture. Promote development within nodes to reflect the significance of the area and cultivate a positive image of Santa Ana through high quality architecture. o Policy UD-4.3 Activate Open Space. Ensure architectural and landscape design activates open space as a means to promote community interaction and enhance the aesthetic quality of development. o Policy UD-4.4 Vibrant Street Life. Encourage development within nodes that promotes pedestrian activities, enhanced amenities, and engaging designs that allow for discovery, excitement, and social interaction. • Goal UD-5: Focus Intersections. Create focal points at major intersections to enhance community identity and open space. o Policy UD-5.1 Building Presence at Intersections. Create a strong presence at focus intersections by locating intense building mass and open space areas along the street that include high quality design and materials. • Goal UD-7: Gateways. Create and strengthen gateways into the City that promote a sense of arrival. City Council 26 – 598 10/1/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 8 of 10 o Policy UD-7.1 First Impression. Strengthen the architectural design of developments near gateways to communicate a sense of arrival and inspire positive images of the City. o Policy UD-7.2 Streetscape Improvements. Enhance Santa Ana’s gateways to include unique and distinctive streetscape improvements. The project is consistent with these General Plan Urban Design Element goals and policies. The project improves a major site at a gateway intersection leading into Santa Ana by redeveloping an outdated, auto-oriented strip-commercial center with a dynamic, mixed-use urban village that complements the scale an intensity of existing developments surrounding the project site. Through onsite private streets and improvements to public streets along the site’s street frontages, the specific plan will create attractive travelways and establish activity nodes at the intersections of Bristol Street and Sunflower Avenue, and Bristol Street and MacArthur Boulevard, near the interchange of Bristol Street and the San Diego (I-405) Freeway. The redevelopment of the existing site will establish a new gateway into Santa Ana that is consistent with the South Bristol Street Focus Area’s vision for the project site. • Goal HE-1: Livable and affordable neighborhoods with healthy and safe housing conditions, community services, well-maintained infrastructure, and public facilities that inspire neighborhood pride and ownership. o Policy HE-1.3 Complete Neighborhoods. Improve neighborhood quality by locating or providing access to complementary services and public facilities, including the integration of community gardens and access to healthy food options in neighborhoods. o Policy HE-1.4. Healthy Neighborhoods. Create and maintain parks and open spaces; plant trees, green parkways, and medians; support access to healthy food options; and maintain a continuous pattern of pathways that encourage an active and healthy lifestyle. o Policy HE-1.10. Parking Management. Support innovative and creative strategies that proactively minimize parking impacts and deficiencies within residential neighborhoods, including parking management requirements, installation of parking lifts, and incentives for active transportation. • Goal HE-2. Foster an inclusive community with a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana’s residents and workforce of all household types, income levels, and age groups. o Policy HE 2.3. Urban Villages. Create higher intensity, mixed-use urban villages and pedestrian-oriented experiences that access and support the office centers, commercial services, and cultural activities within District Centers and Urban Neighborhood designated areas. City Council 26 – 599 10/1/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 9 of 10 o Policy HE-2.4. Rental Housing. Facilitate the construction of rental housing for Santa Ana’s residents and workforce, with a commitment to provide rental housing for extremely low-, very low-, and low-income residents as well as moderate income Santa Ana workers. o Policy HE-2.6. Housing Design. Require excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive (“green”) building and design practices. • Goal HE-4. Provide sufficient rental and ownership housing opportunities and supportive services for seniors, people with disabilities, families with children, and people experiencing homelessness. o Policy HE-4.1. Senior Housing. Support development of affordable senior rental and ownership housing, readily accessible to support services; provide assistance for seniors to maintain and repair their homes to facilitate the maximum independent living. The project is consistent with these General Plan Housing Element goals and policies. The project will provide high-quality diversity of rental housing for Santa Ana’s residents and workforce. Through the project’s Development Agreement, the project will provide inclusionary housing fees that will be used by the City to provide onsite affordable housing opportunities in the community. Through innovative use of land, the project will provide for healthy communities with 13.1 acres of onsite open space, a full-service grocer, and underground parking, freeing up valuable acreage for the development of community- serving commercial, residential, and open space land uses. Moreover, the SP and requested entitlements address General Plan consistency for the South Bristol Street Focus Area in the following manners: • The District Center-High is a mixed-use designation identified in the General Plan as including “high density urban villages consisting of visually striking and dynamic buildings and spaces with a wide range and mix of residential, live-work, commercial, hotel, and employment-generating uses.” • Table LU-2 of the General Plan (Buildout) identifies an assumed housing growth of 5,272 units in the District; the proposed 3,750 falls within the assumed growth. • Table LU-8 of the General Plan identifies the DC-5 area as allowing a maximum Floor Area Ratio of 5.0, or 125 dwelling units per acre and a maximum height of 25 stories. The General Plan allows the FAR to be calculated on a gross basis for an individual development project. • The General Plan’s District Center designation would allow up to 8,733,780 square feet of mixed uses, inclusive of residential uses, based on the maximum FAR of 5.0 over the 41.13-acre (gross) site. As proposed, the Related Bristol will result in an FAR of 2.7, well within the maximums allowed in the General Plan. No General Plan Amendment is required nor proposed. City Council 26 – 600 10/1/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 10 of 10 • The General Plan envisions “urban villages”, “an intense multistory presence” and “mixed use opportunities”. The Development Plan implements this vision with a range of building heights and configurations in two mixed-use Districts/Villages, with heights and intensities within the limits identified in the General Plan. • The General Plan requires fiscal neutrality (Policy LU 2.4). The Project results in positive fiscal impacts. • The General Plan calls for community involvement (Policy LU 3.2). Significant outreach has occurred as outlined in Specific Plan Section 2.5, Community Engagement. • The General Plan encourages areas for community gathering and outdoor entertainment (Policy LU 2.3). The Specific Plan includes approximately 13 acres of open space, which includes public plaza areas and a central park, accessible to the public and allowing for outdoor entertainment. • The Specific Plan area is not within an Environmental Justice area. However, as designed, the provision of nearly one-third of the 41-acre site for publicly accessible open space with active and passive recreation opportunities is a means of addressing open space deficiencies prevalent in many portions of Santa Ana. City Council 26 – 601 10/1/2024 Date:August 9, 2024 Prepared by: Meaghan Trumann, Associate Environmental Planner III To:Ali Pezeshkpour, apezeshkpour@santa-ana.org Related Bristol Specific Plan ProjectSite: Subject:CalTrans Comment Letter on the DEIR for the Related Bristol Specific Plan Project (SCH No. 2020029087) Dear Mr. Pezeshkpour, On August 18, 2023, the City of Santa Ana received a comment from the California Department of Transportation (Caltrans) regarding the Related Bristol Specific Plan Project. The comment recommends further improvements to the Bear Street at SR-73 north bound routes, including restriping the existing westbound left-turn land to provide a shared left/right-turn lane to mitigate poor level of service (LOS) at the intersection. However, Senate Bill (SB) 743 introduced changes including the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the Draft and Final SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. However, responses to the August 18th comment letter from Caltrans were provided by Linscott, Law & Greenspan, Engineers (LLG) in a memorandum dated August 31, 2023, which was emailed to Caltrans on September 18, 2023 and which is included herein as Attachment A. As further detailed in the individual responses to comments below, none of the comments indicate that there would be a substantial increase in the severity of a previously identified environmental impact that would not be mitigated, or that there would be any of the other circumstances requiring recirculation as described in CEQA Guidelines Section 15088.5. No new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented, there is no substantial increase in the severity of an environmental impact, no feasible project alternative or mitigation measure considerably different from others previously analyzed would lessen the environmental impacts of the Project, and the Draft and Final SEIR are not fundamentally inadequate and conclusory in nature. In addition, Caltrans responded to the memorandum provided by LLG on August 8, 2024 stating that they have no further comments. Respectfully, Meaghan Truman Exhibit 14 - Responses to Planning Commission Comments Received Prior to Deadline City Council 26 – 602 10/1/2024 Caltrans Comment Letter (1 page) dated August 18, 2023 City Council 26 – 603 10/1/2024 Attachment A City Council 26 – 604 10/1/2024 MEMORANDUM Ali Pezeshkpour, Planning Manager City of Santa Ana Planning Division August 31, 2023 2.21.4410 To:Date: Zdenek “Zed” Kekula, P.E. Principal Civil Engineer City of Santa Ana Public Works Agency – Traffic Engineering xc: Richard Barretto, P.E., PrincipalFrom:LLG Ref: Linscott, Law & Greenspan, Engineers Response to Additional Caltrans Traffic Operations Comments on Related Bristol Specific Plan - Santa Ana, CASubject: Linscott, Law & Greenspan, Engineers (LLG) is pleased to provide the following responses to address the additional Caltrans Traffic Operations division comments on the LLG response memorandum dated August 16, 2023 as summarized in an email dated August 28, 2023 (see attached email for reference). Caltrans Traffic Operations Traffic Operations Comment 1: The Memorandum prepared by Linscott Law & Greenspan Engineers on August 16, 2023, Page 3, indicates that the intersection of Bear Street at SR-73 NB Ramps (Intersection No. 37) has forecasted to operate at unacceptable LOS E in the PM peak hour, without or with Project traffic and recommended improvements for Bear Street at SR-73 NB Ramps (Intersection No. 37). The recommended improvements include the following: No. 37 – Bear Street at SR-73 NB Ramps: Restripe the existing westbound left-turn lane to provide a shared left/right-turn lane. Modify the existing traffic signal as necessary. Please provide fair share calculation for this recommendation and contact information of the agency and company that is working on this improvement. Response to Comment 1: Table A , attached at the end of this memorandum, presents the Project’s fair-share contribution to construct the recommended improvements at Bear Street and SR-73 NB Ramps. As presented in Table A, the first column (1) lists the total intersection peak hour traffic for existing conditions. The second column (2) presents Year 2045 Buildout Traffic, while the third column (3) presents Year 2045 Buildout Plus Project Phases 1, 2 and 3 traffic. The Project- related added traffic volumes during AM peak hour and PM peak hour are presented in the fourth column (4). The fifth column (5) represents what percentage of total added intersection peak hour traffic is Project-related traffic. Review of Table A shows that the proposed Project fair-share cost responsibility at the Bear Street / SR-73 NB Ramps intersection totals 6.31%. The City of Santa Ana is the lead agency in the review and approval of the proposed Related Bristol Specific Plan project. City Council 26 – 605 10/1/2024 City of Santa Ana August 31, 2023 Page 2 Traffic Operations Comment 2: No maximum saturation flow rate (Veh/hr) per single lane for any movement should exceed 1800 (veh/hr). However, ATTACHMENT 1 APPENDIX E FROM REVISED TRAFFIC CIRCULATION ANALYSIS FOR THE RELATED BRISTOL DATED JUNE 2023, shows the following: Intersection 30: Bristol Street at I-405 NB Ramps, Scenario 1: 1 AM Existing shows 1863 (Veh/hr) for the Bristol Street Southbound Right/Through shared lane. Recommended improvements should be addressed in the Memorandum prepared by Linscott Law & Greeenspan Engineers on August 16, 2023. Intersection 31: Bristol Street at I-405 SB Ramps, the saturation flow rate (veh/h) for the Bristol Street Southbound right lanes movement is not provided. Please provide missing information. Response to Comment 2: The comment states that no maximum saturation flow rate per lane for any movement should excess 1800 vehicles per hour (veh/hr). In LLG’s history of more than 50 years, to our recollection, this is the first time that we have received a comment by Caltrans requesting that we use anything other than a starting saturation flow rate of 1900 veh/hr per lane and then allowing for adjustments as necessary, including recent projects where Caltrans was a reviewing agency. In addition, as part of our third party peer reviews of other traffic consultants traffic studies performing LOS/Queuing assessments for Caltrans ramp facilities, this same methodology/approach is adhered to. From our experience, the use of saturation flow rate of 1900 vph/hr per lane is a practical and common industry wide approach. Further, the Caltrans Guide for the Preparation of Traffic Impact Studies (December 2002) does not specify saturation requirements for analysis, and therefore a starting saturation flow rate of 1900 veh/hr per lane appropriate, which is consistent with the suggested default saturation values identified within the current Highway Capacity Manual (HCM). Nevertheless, a comparative analysis has been prepared using the two different saturation rate assumptions (1800 veh/hr vs. 1900 veh/hr) at the study intersection of Intersection No. 30 - Bristol Avenue at I-405 NB Ramps for existing traffic conditions. The results of this assessment are summarized in Table B. As shown, the results of the sensitivity assessment indicate that the change in saturation flow (i.e. using 1900 veh/hr) would yield a nominal decrease in intersection delay (LOS). N:\4400\2214410 - Bristol Commons - CONFIDENTIAL, Santa Ana\Report\4410 Caltrans Response Memo 8-31-2023.docx City Council 26 – 606 10/1/2024 City of Santa Ana August 31, 2023 Page 3 Further yet, a review of Table C indicates that the change in saturation flow would also have a negligible effect on the length of queue under existing traffic conditions based the queueing analysis results for Intersection No. 30 - Bristol Avenue at I-405 NB Ramps. As such, it is concluded that the findings and conclusions documented for the remaining eight (8) Caltrans locations under existing and future traffic conditions as reported in the Memorandum prepared by Linscott Law & Greenspan Engineers on August 16, 2023, remain unchanged and are valid. Relative to the “missing information”, the southbound right-turn at Intersection No. 31 - Bristol Avenue at I-405 SB Ramps is a free (uncontrolled) movement and therefore has been appropriately excluded from the intersection calculation, and hence this is the reason the appendix does not show a saturation flow rate for that movement. Attachment 1 includes the supplemental HCM/LOS calculations for the comparative assessment prepared for Bristol Avenue at I-405 NB Ramps. *********** We appreciate the opportunity to provide this Memorandum. Please let us know if you have any questions regarding this response memorandum. Attachments cc:Shane S. Green, P.E., LLG File N:\4400\2214410 - Bristol Commons - CONFIDENTIAL, Santa Ana\Report\4410 Caltrans Response Memo 8-31-2023.docx City Council 26 – 607 10/1/2024 TABLE A YEAR 2045 BUILDOUT PROJECT FAIR-SHARE COST CONTRIBUTION (3)(5)(2)Year 2045 Buildout Plus Project Phases 1, 2 and 3 ProjectYear 2045 Buildout Traffic (1)(4)Fair- ShareTimeExisting Traffic Project TrafficKey Intersection Jurisdiction Period Improvement Description Traffic Percent .Restripe the existing WB left-turn lane to provide a shared Bear Street at SR-73 NB Ramps Costa Mesa/ Caltrans AM PM 2,166 3,664 2,788 4,706 2,859 4,747 71 4137.6.31% left/right-turn lane Note: Project fair-share percentage, which considers both the AM peak hour and PM peak hour traffic volumes, is calculated as such: Column (5) = [Column (4)] / [Column (3) – Column (1)] x 100%. City Council 26 – 608 10/1/2024 TABLE B EXISTING PEAK HOUR INTERSECTION CAPACITY ANALYSIS COMPARATIVE ASSESSMENT (1)(2) Existing Traffic Conditions (1800 Base Saturation Flow Rate) Existing Traffic Conditions (1900 Base Saturation Flow Rate)(3) Change in Delay (sec/veh) Peak Hour HCM HCM Key Intersection (sec/veh)LOS A (sec/veh)LOS ABristol Street at 30.AM PM 6.4 6.3 -0.1 I-405 NB Ramps 14.9 B 13.9 B -1.0 Notes: . . . BOLD HCM/LOS indicates unacceptable service level sec/veh = seconds per vehicle (delay) Change in delay Column (3) = Column (2) – Column (1) City Council 26 – 609 10/1/2024 TABLE C EXISTING CALTRANS OFF-RAMP PEAK HOUR QUEUING ANALYSIS – COMPARATIVE ASSESSMENT1 Existing Traffic Conditions (1800 Base Saturation Flow Rate) Existing Traffic Conditions (1900 Base Saturation Flow Rate) AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour Max. Queue/ Min. Storage Required (feet) Max. Queue/ Min. Storage Required (feet) Max. Queue/ Min. Storage Required (feet) Max. Queue/ Min. Storage Required (feet) Storage Provided (feet) Adequate Storage Adequate Storage (Yes/No Adequate Storage Adequate Storage Key Intersection 30. Bristol Street at I-405 NB Ramps (Yes/No)(Yes/No)(Yes/No) Westbound Left-Turn 1,550 1,550 65 65 Yes Yes 213 212 Yes Yes 64 65 Yes Yes 215 214 Yes YesWestbound Left- Through Westbound Through 1,195 385 69 25 Yes Yes 216 117 Yes Yes 68 25 Yes Yes 218 105 Yes YesWestbound Right-Turn 1 Queues are based on HCM 95th Percentile methodology. City Council 26 – 610 10/1/2024 CALTRANS E-MAIL COMMENT LETTER DATED AUGUST 28, 2023 City Council 26 – 611 10/1/2024 Richard E. Barretto From: Sent: Matsler, Sean <SMatsler@coxcastle.com> Monday, August 28, 2023 3:40 PM To: Cc: Richard E. Barretto; Shane Green Oh, Steven; Creech, Catherine; Burt, Chris; Privitt, Dana Comments below from Caltrans D-12 Traffic Operations Caltrans NOP RTC Memorandum-c1.pdf; 4410 Caltrans Response Memo 8-16-2023-c1-c1.pdf Subject: Attachments: Rich and Shane – BBK asked if LLG can please response to Caltrans D‐12 Traffic Operaꢀons’ aꢁached comments? This is the third request from BBK to LLG and I think can be completed aꢂer the first two. Please let me know if you have any quesꢀons. From: Hannah Park <Hannah.Park@bbklaw.com> Sent: Monday, August 28, 2023 3:22 PM To: Matsler, Sean <SMatsler@coxcastle.com> Cc: Burt, Chris <CBurt@coxcastle.com>; Alisha Winterswyk <Alisha.Winterswyk@bbklaw.com> Subject: FW: City of Santa Ana Related Bristol Specific Plan ‐ Caltrans NOP Comment Letter Sean, I’m forwarding comments received from DOT on our response. Since these comments pertain to LLG’s memo, can LLG please take a look at them and provide responses? Thank you, Hannah Hannah Park Of Counsel hannah.park@bbklaw.com T: (949) 263‐6579 bbklaw.com | From: Molavi, Maryam@DOT <maryam.molavi@dot.ca.gov> Sent: Monday, August 28, 2023 1:06 PM To: Pezeshkpour, Ali <APezeshkpour@santa‐ana.org>; Meaghan Truman <Mtruman@epdsolutions.com>; OPR State Clearinghouse <State.Clearinghouse@opr.ca.gov> Cc: Shelley, Scott@DOT <scott.shelley@dot.ca.gov> Subject: FW: City of Santa Ana Related Bristol Specific Plan ‐ Caltrans NOP Comment Letter [NON‐EPD] Good afternoon, Please see the comments below from Caltrans D-12 Traffic Operations and provide responses. Please confirm receipt of the comments below by replying to this email. Thank you, 1 City Council 26 – 612 10/1/2024 Maryam Molavi Associate Transportation Planner Planning Division LDR Branch 1750 E. 4th Street Santa Ana, Ca 92705 1.The Memorandum prepared by Linscott Law & Greeenspan Engineers on August 16, 2023, Page 3, indicates that the intersection of Bear Street at SR-73 NB Ramps (Intersection No. 37) has forecasted to operate at unacceptable LOS E in the PM peak hour, without or with Project traffic and recommended improvements for Bear Street at SR-73 NB Ramps (Intersection No. 37). The recommended improvements include the following: No. 37 – Bear Street at SR-73 NB Ramps: Restripe the existing westbound left-turn lane to provide a shared left/right- turn lane. Modify the existing traffic signal as necessary. Please provide fair share calculation for this recommendation and contact information of the agency and compony that is working on this improvement. 2. No maximum saturation flow rate (Veh/hr) per single lane for any movement should exceed 1800 (veh/hr). However, ATTACHMENT 1 APPENDIX E FROM REVISED TRAFFIC CIRCULATION ANALYSIS FOR THE RELATED BRISTOL DATED JUNE 2023, shows the following: Intersection 30: Bristol Street at I-405 NB Ramps, Scenario 1: 1 AM Existing shows 1863 (Veh/hr) for the Bristol Street Southbound Right/Through shared lane. Recommended improvements should be addressed in the Memorandum prepared by Linscott Law & Greeenspan Engineers on August 16, 2023. Intersection 31: Bristol Street at I-405 SB Ramps, the saturation flow rate (veh/h) for the Bristol Street Southbound right lanes movement is not provided. Please provide missing information. From: Meaghan Truman <Mtruman@epdsolutions.com> Sent: Friday, August 18, 2023 3:45 PM To: Molavi, Maryam@DOT <maryam.molavi@dot.ca.gov> Cc: Pezeshkpour, Ali <APezeshkpour@santa‐ana.org>; Alisha.Winterswyk@bbklaw.com; Hannah.Park@bbklaw.com; Soto, Ricardo <rsoto@santa‐ana.org>; Konnie Dobreva <Konnie@epdsolutions.com> Subject: City of Santa Ana Related Bristol Specific Plan ‐ Caltrans NOP Comment Letter EXTERNAL EMAIL. Links/attachments may not be safe. Good Aꢂernoon Maryam, On behalf of the City of Santa Ana, as the City’s environmental consultant for the Related Bristol Project, please see aꢁached responses to Caltrans’ comment leꢁer submiꢁed on the Noꢀce of Preparaꢀon for the Related Bristol Specific Plan Project. In addiꢀon, I’ve aꢁached the supporꢀng Traffic Analysis for Caltrans Traffic Operaꢀons prepared by Linscoꢁ, Law, & Greenspan. Hopefully these two memos provide answers to the comments and quesꢀons provided by Caltrans in the NOP comment leꢁer as well as the recent leꢁer submiꢁed on the Draꢂ EIR. In addiꢀon, the following link contains the HCM/LOS worksheets (referenced as Aꢁachment 1) for your review. Aꢁachment 1.pdf Please let us know if these responses alter any of your Agency’s comments on the Draꢂ EIR (as submiꢁed on August 14, 2023). We are also happy to set up a meeꢀng with your Agency if you have any addiꢀonal quesꢀons or would like to discuss any of this further. Thanks, Meaghan Truman | Associate Environmental Planner mtruman@epdsoluꢀons.com 2 City Council 26 – 613 10/1/2024 ATTACHMENT 1 SENSITIVITY ASSESSMENT FOR INTERSECTION NO. 30 – BRISTOL AVENUE AT I-405 NB RAMPS City Council 26 – 614 10/1/2024 ATTACHMENT I-I EXISTING TRAFFIC CONDITIONS 1800 BASE SATURATION FLOW RATE City Council 26 – 615 10/1/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Intersection Level Of Service Report Intersection 30: Bristol Street at I-405 NB Ramps Control Type: Analysis Method: Analysis Period: Signalized HCM 7th Edition 15 minutes Delay (sec / veh): Level Of Service: Volume to Capacity (v/c): 6.4 A 0.372 Intersection Setup Name Bristol Street Bristol Street Southbound I-405 NB Ramps Eastbound I-405 NB Ramps WestboundApproachNorthbound Lane Configuration Turning Movement Lane Width [ft] Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left 12.00 0 Thru 12.00 0 Right 12.00 0 Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left Thru 12.00 0 Right 12.00 1 12.00 1No. of Lanes in Entry Pocket Entry Pocket Length [ft] No. of Lanes in Exit Pocket Exit Pocket Length [ft] Speed [mph] 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 Grade [%] Curb Present Crosswalk No No Yes Yes City Council 26 – 616 10/1/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Volumes Name Bristol Street 1504 Bristol Street 1987 I-405 NB Ramps I-405 NB Ramps 122 74 672Base Volume Input [veh/h] Base Volume Adjustment Factor Heavy Vehicles Percentage [%] Proportion of CAVs [%] 0 193 0 8 0 0 34 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Growth Factor In-Process Volume [veh/h]0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0Site-Generated Trips [veh/h] Diverted Trips [veh/h] 0 0 0 0 0 0 0 0 0 Pass-by Trips [veh/h]0 0 0 0 0 0 0 0 0 Existing Site Adjustment Volume [veh/h] Other Volume [veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Right Turn on Red Volume [veh/h] Total Hourly Volume [veh/h] 0 0 0 0 0 0 0 1504 193 1987 34 122 74 672 Peak Hour Factor 1.0000 0.9380 0.9380 1.0000 0.9380 0.9380 1.0000 1.0000 0.9380 0.9380 0.9380 0.9380 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Other Adjustment Factor Total 15-Minute Volume [veh/h] Total Analysis Volume [veh/h] Presence of On-Street Parking On-Street Parking Maneuver Rate [/h] Local Bus Stopping Rate [/h] v_do, Outbound Pedestrian Volume crossing v_di, Inbound Pedestrian Volume crossing m v_co, Outbound Pedestrian Volume crossing v_ci, Inbound Pedestrian Volume crossing mi v_ab, Corner Pedestrian Volume [ped/h] Bicycle Volume [bicycles/h] 0 0 401 51 206 No 0 0 0 530 2 9 0 0 0 0 9 36 No 0 33 130 No 0 20 79 179 716 No 0 1603 2118 No 0 No 0 No 0 No 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 City Council 26 – 617 10/1/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Intersection Settings Located in CBD No Signal Coordination Group Cycle Length [s] Coordination Type Actuation Type Offset [s] - 90 Time of Day Pattern Coordinated Fully actuated 0.0 Lead Green - Beginning of First Green SingleBand Offset Reference Permissive Mode Lost time [s]12.00 Phasing & Timing Control Type Signal Group Permiss Permiss Unsigna Permiss Permiss Permiss Split 0 Permiss 0 Split 8 Split 0 Split 4 Overlap 4060020 Auxiliary Signal Groups Lead / Lag 2,4 -- 0 -- 0 - 0 -- 0 - 0 - 0 - 6 - 0 - 10Minimum Green [s] Maximum Green [s] Amber [s] 10 10 10 30 3.0 1.0 31 3.0 0 0 30 0 0 30 0 0 0 30 3.0 1.0 10 3.0 0 0 30 0.0 0.0 0 3.0 1.0 49 0.0 0.0 0 0.0 0.0 0 3.0 1.0 49 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 3.0 1.0 31 All red [s] Split [s] Vehicle Extension [s] Walk [s] 0.0 0 3.0 7 0.0 0 0.0 0 3.0 7 0.0 0 0.0 0 0.0 0 0.0 0 3.0 0 Pedestrian Clearance [s] Delayed Vehicle Green [s] Rest In Walk 0 18 0 0 14 0 0 0 0 0 0 0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 l1, Start-Up Lost Time [s] l2, Clearance Lost Time [s] Minimum Recall 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 2.0 No Maximum Recall Pedestrian Recall Detector Location [ft] Detector Length [ft] I, Upstream Filtering Factor No No 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.001.00 1.00 1.00 1.00 1.00 1.00 1.00 Exclusive Pedestrian Phase Pedestrian Signal Group Pedestrian Walk [s] 0 0 0Pedestrian Clearance [s] City Council 26 – 618 10/1/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Lane Group Calculations Lane Group C, Cycle Length [s] C C C R L C C R 90 90 90 90 90 90 90 90 L, Total Lost Time per Cycle [s] l1_p, Permitted Start-Up Lost Time [s] l2, Clearance Lost Time [s] g_i, Effective Green Time [s] g / C, Green / Cycle 4.00 0.00 2.00 64 4.00 0.00 2.00 64 4.00 0.00 2.00 64 4.00 0.00 2.00 4 4.00 4.00 4.00 4.00 0.00 0.00 0.00 0.00 2.00 2.00 2.00 0.00 10 10 10 78 0.71 0.25 6434 4590 4.92 0.50 1.00 0.21 0.00 1.00 1.00 0.71 0.26 6434 4590 5.03 0.50 1.00 0.23 0.00 1.00 1.00 0.71 0.24 1765 1259 4.87 0.50 1.00 0.73 0.00 1.00 1.00 0.04 0.01 2665 109 42.00 0.11 1.00 1.76 0.00 1.00 1.00 0.11 0.11 0.11 0.87 0.04 0.04 0.04 0.27 1687 1696 1612 2665 (v / s)_i Volume / Saturation Flow Rate s, saturation flow rate [veh/h] c, Capacity [veh/h]190 191 181 2320 d1, Uniform Delay [s]36.96 36.96 37.11 1.03 0.11 0.11 0.11 0.50 1.00 1.00 1.00 1.00 1.15 1.14 1.40 0.35 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 k, delay calibration I, Upstream Filtering Factor d2, Incremental Delay [s] d3, Initial Queue Delay [s] Rp, platoon ratio PF, progression factor Lane Group Results X, volume / capacity d, Delay for Lane Group [s/veh] Lane Group LOS 0.35 5.14 A 0.37 5.26 A 0.34 5.60 A 0.33 43.76 D 0.36 0.36 0.40 0.31 38.10 38.10 38.51 1.38 D D D A Critical Lane Group No Yes No Yes No No Yes No 50th-Percentile Queue Length [veh/ln] 50th-Percentile Queue Length [ft/ln] 95th-Percentile Queue Length [veh/ln] 95th-Percentile Queue Length [ft/ln] 2.34 58.39 4.20 105.10 2.53 63.29 4.56 113.93 2.64 65.92 4.75 118.65 0.41 10.30 0.74 18.54 1.44 1.45 1.52 0.28 35.97 36.14 38.08 6.98 2.59 2.60 2.74 0.50 64.74 65.05 68.55 12.56 City Council 26 – 619 10/1/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Movement, Approach, & Intersection Results d_M, Delay for Movement [s/veh] Movement LOS 0.00 5.14 A 0.00 0.00 5.33 A 5.60 A 0.00 0.00 43.76 D 38.10 D 38.47 D 1.38 A d_A, Approach Delay [s/veh] Approach LOS 5.14 A 5.33 A 43.76 D 9.71 A d_I, Intersection Delay [s/veh] Intersection LOS 6.42 A Intersection V/C 0.372 Other Modes g_Walk,mi, Effective Walk Time [s] M_corner, Corner Circulation Area [ft²/ped] M_CW, Crosswalk Circulation Area [ft²/ped] d_p, Pedestrian Delay [s] 0.0 0.00 0.00 0.00 0.000 F 0.0 0.00 0.00 0.00 0.000 F 11.0 0.00 0.00 34.68 2.161 B 11.0 0.00 0.00 34.68 2.603 B I_p,int, Pedestrian LOS Score for Intersection Crosswalk LOS s_b, Saturation Flow Rate of the bicycle lane c_b, Capacity of the bicycle lane [bicycles/h] d_b, Bicycle Delay [s] 2000 1000 11.26 2.221 B 2000 1000 11.26 2.262 B 2000 133 2000 600 39.21 1.560 A 22.06 2.323 B I_b,int, Bicycle LOS Score for Intersection Bicycle LOS Sequence Ring 1 Ring 2 Ring 3 Ring 4 - - - - 2 6 - 4 - 8 - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --- City Council 26 – 620 10/1/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Intersection Level Of Service Report Intersection 30: Bristol Street at I-405 NB Ramps Control Type: Analysis Method: Analysis Period: Signalized HCM 7th Edition 15 minutes Delay (sec / veh): Level Of Service: Volume to Capacity (v/c): 14.9 B 0.679 Intersection Setup Name Bristol Street Bristol Street Southbound I-405 NB Ramps Eastbound I-405 NB Ramps WestboundApproachNorthbound Lane Configuration Turning Movement Lane Width [ft] Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left 12.00 0 Thru 12.00 0 Right 12.00 0 Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left Thru 12.00 0 Right 12.00 1 12.00 1No. of Lanes in Entry Pocket Entry Pocket Length [ft] No. of Lanes in Exit Pocket Exit Pocket Length [ft] Speed [mph] 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 Grade [%] Curb Present Crosswalk No No Yes Yes City Council 26 – 621 10/1/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Volumes Name Bristol Street 2115 Bristol Street 2169 I-405 NB Ramps 196 I-405 NB Ramps 361 309 1196Base Volume Input [veh/h] Base Volume Adjustment Factor Heavy Vehicles Percentage [%] Proportion of CAVs [%] 0 185 0 20 0 0 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Growth Factor In-Process Volume [veh/h]0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Site-Generated Trips [veh/h] Diverted Trips [veh/h] 0 0 0 0 0 0 0 0 0 0 0 Pass-by Trips [veh/h]0 0 0 0 0 0 0 0 0 0 0Existing Site Adjustment Volume [veh/h] Other Volume [veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 0 Right Turn on Red Volume [veh/h] Total Hourly Volume [veh/h] 0 0 0 0 0 0 0 0 2115 185 2169 20 196 361 309 1196 Peak Hour Factor 1.0000 0.9540 0.9540 1.0000 0.9540 0.9540 1.0000 1.0000 0.9540 0.9540 0.9540 0.9540 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Other Adjustment Factor Total 15-Minute Volume [veh/h] Total Analysis Volume [veh/h] Presence of On-Street Parking On-Street Parking Maneuver Rate [/h] Local Bus Stopping Rate [/h] v_do, Outbound Pedestrian Volume crossing v_di, Inbound Pedestrian Volume crossing m v_co, Outbound Pedestrian Volume crossing v_ci, Inbound Pedestrian Volume crossing mi v_ab, Corner Pedestrian Volume [ped/h] Bicycle Volume [bicycles/h] 0 0 554 48 194 No 0 0 0 568 5 21 No 0 0 0 0 0 51 205 No 0 95 378 No 0 81 313 1254 No 0 2217 2274 324 No 0 No 0 No 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 City Council 26 – 622 10/1/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Intersection Settings Located in CBD No Signal Coordination Group Cycle Length [s] Coordination Type Actuation Type Offset [s] - 90 Time of Day Pattern Coordinated Fully actuated 0.0 Lead Green - Beginning of First Green SingleBand Offset Reference Permissive Mode Lost time [s]12.00 Phasing & Timing Control Type Signal Group Permiss Permiss Unsigna Permiss Permiss Permiss Split 0 Permiss 0 Split 8 Split 0 Split 4 Overlap 4060020 Auxiliary Signal Groups Lead / Lag 2,4 -- 0 -- 0 - 0 -- 0 - 0 - 0 - 6 - 0 - 10Minimum Green [s] Maximum Green [s] Amber [s] 10 10 10 30 3.0 1.0 22 3.0 0 0 30 0 0 30 0 0 0 30 3.0 1.0 37 3.0 0 0 30 0.0 0.0 0 3.0 1.0 31 0.0 0.0 0 0.0 0.0 0 3.0 1.0 31 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 3.0 1.0 22 All red [s] Split [s] Vehicle Extension [s] Walk [s] 0.0 0 3.0 7 0.0 0 0.0 0 3.0 7 0.0 0 0.0 0 0.0 0 0.0 0 3.0 0 Pedestrian Clearance [s] Delayed Vehicle Green [s] Rest In Walk 0 18 0 0 14 0 0 0 0 0 0 0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 l1, Start-Up Lost Time [s] l2, Clearance Lost Time [s] Minimum Recall 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 2.0 No Maximum Recall Pedestrian Recall Detector Location [ft] Detector Length [ft] I, Upstream Filtering Factor No No 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.001.00 1.00 1.00 1.00 1.00 1.00 1.00 Exclusive Pedestrian Phase Pedestrian Signal Group Pedestrian Walk [s] 0 0 0Pedestrian Clearance [s] City Council 26 – 623 10/1/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Lane Group Calculations Lane Group C, Cycle Length [s] C C C R L C C R 90 90 90 90 90 90 90 90 L, Total Lost Time per Cycle [s] l1_p, Permitted Start-Up Lost Time [s] l2, Clearance Lost Time [s] g_i, Effective Green Time [s] g / C, Green / Cycle 4.00 0.00 2.00 51 4.00 0.00 2.00 51 4.00 0.00 2.00 51 4.00 0.00 2.00 9 4.00 4.00 4.00 4.00 0.00 0.00 0.00 0.00 2.00 2.00 2.00 0.00 18 18 18 73 0.56 0.34 6434 3626 13.09 0.50 1.00 0.78 0.00 1.00 1.00 0.56 0.29 6434 3626 12.01 0.50 1.00 0.51 0.00 1.00 1.00 0.56 0.26 1757 990 0.10 0.08 2665 275 39.25 0.11 1.00 4.01 0.00 1.00 1.00 0.20 0.20 0.20 0.81 0.14 0.14 0.15 0.47 1687 1719 1612 2665 (v / s)_i Volume / Saturation Flow Rate s, saturation flow rate [veh/h] c, Capacity [veh/h]338 344 323 2154 d1, Uniform Delay [s]11.61 0.50 1.00 1.56 0.00 1.00 1.00 33.46 33.37 33.72 3.13 0.11 0.11 0.11 0.50 1.00 1.00 1.00 1.00 2.55 2.37 3.11 1.16 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 k, delay calibration I, Upstream Filtering Factor d2, Incremental Delay [s] d3, Initial Queue Delay [s] Rp, platoon ratio PF, progression factor Lane Group Results X, volume / capacity d, Delay for Lane Group [s/veh] Lane Group LOS 0.61 13.87 B 0.51 12.51 B 0.46 13.17 B 0.75 43.26 D 0.69 0.68 0.73 0.58 36.02 35.73 36.82 4.29 D D D A Critical Lane Group No No No Yes No No Yes Yes 50th-Percentile Queue Length [veh/ln] 50th-Percentile Queue Length [ft/ln] 95th-Percentile Queue Length [veh/ln] 95th-Percentile Queue Length [ft/ln] 6.96 5.27 131.63 9.03 225.70 5.40 134.96 9.21 230.22 2.33 58.14 4.19 104.65 4.90 4.87 4.97 2.60 122.4 121.7 124.2 64.95 8.53 8.49 8.63 4.68 213.1 212.2 215.6 116.9 173.98 11.29 282.15 City Council 26 – 624 10/1/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Movement, Approach, & Intersection Results d_M, Delay for Movement [s/veh] Movement LOS 0.00 13.87 B 0.00 0.00 12.64 B 13.17 B 0.00 0.00 43.26 D 36.02 D 36.52 D 4.29 A d_A, Approach Delay [s/veh] Approach LOS 13.87 B 12.65 B 43.26 D 15.74 B d_I, Intersection Delay [s/veh] Intersection LOS 14.90 B Intersection V/C 0.679 Other Modes g_Walk,mi, Effective Walk Time [s] M_corner, Corner Circulation Area [ft²/ped] M_CW, Crosswalk Circulation Area [ft²/ped] d_p, Pedestrian Delay [s] 0.0 0.00 0.00 0.00 0.000 F 0.0 0.00 0.00 0.00 0.000 F 11.0 0.00 0.00 34.70 2.265 B 11.0 0.00 0.00 34.70 2.770 C I_p,int, Pedestrian LOS Score for Intersection Crosswalk LOS s_b, Saturation Flow Rate of the bicycle lane c_b, Capacity of the bicycle lane [bicycles/h] d_b, Bicycle Delay [s] 2000 600 2000 600 2000 733 2000 400 22.07 2.474 B 22.07 2.317 B 18.07 1.560 A 28.82 3.173 C I_b,int, Bicycle LOS Score for Intersection Bicycle LOS Sequence Ring 1 Ring 2 Ring 3 Ring 4 - - - - 2 6 - 4 - 8 - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --- City Council 26 – 625 10/1/2024 ATTACHMENT I-II EXISTING TRAFFIC CONDITIONS 1900 BASE SATURATION FLOW RATE City Council 26 – 626 10/1/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Intersection Level Of Service Report Intersection 30: Bristol Street at I-405 NB Ramps Control Type: Analysis Method: Analysis Period: Signalized HCM 7th Edition 15 minutes Delay (sec / veh): Level Of Service: Volume to Capacity (v/c): 6.3 A 0.353 Intersection Setup Name Bristol Street Bristol Street Southbound I-405 NB Ramps Eastbound I-405 NB Ramps WestboundApproachNorthbound Lane Configuration Turning Movement Lane Width [ft] Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left 12.00 0 Thru 12.00 0 Right 12.00 0 Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left Thru 12.00 0 Right 12.00 1 12.00 1No. of Lanes in Entry Pocket Entry Pocket Length [ft] No. of Lanes in Exit Pocket Exit Pocket Length [ft] Speed [mph] 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 Grade [%] Curb Present Crosswalk No No Yes Yes City Council 26 – 627 10/1/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Volumes Name Bristol Street 1504 Bristol Street 1987 I-405 NB Ramps I-405 NB Ramps 122 74 672Base Volume Input [veh/h] Base Volume Adjustment Factor Heavy Vehicles Percentage [%] Proportion of CAVs [%] 0 193 0 8 0 0 34 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Growth Factor In-Process Volume [veh/h]0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0Site-Generated Trips [veh/h] Diverted Trips [veh/h] 0 0 0 0 0 0 0 0 0 Pass-by Trips [veh/h]0 0 0 0 0 0 0 0 0 Existing Site Adjustment Volume [veh/h] Other Volume [veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Right Turn on Red Volume [veh/h] Total Hourly Volume [veh/h] 0 0 0 0 0 0 0 1504 193 1987 34 122 74 672 Peak Hour Factor 1.0000 0.9380 0.9380 1.0000 0.9380 0.9380 1.0000 1.0000 0.9380 0.9380 0.9380 0.9380 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Other Adjustment Factor Total 15-Minute Volume [veh/h] Total Analysis Volume [veh/h] Presence of On-Street Parking On-Street Parking Maneuver Rate [/h] Local Bus Stopping Rate [/h] v_do, Outbound Pedestrian Volume crossing v_di, Inbound Pedestrian Volume crossing m v_co, Outbound Pedestrian Volume crossing v_ci, Inbound Pedestrian Volume crossing mi v_ab, Corner Pedestrian Volume [ped/h] Bicycle Volume [bicycles/h] 0 0 401 51 206 No 0 0 0 530 2 9 0 0 0 0 9 36 No 0 33 130 No 0 20 79 179 716 No 0 1603 2118 No 0 No 0 No 0 No 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 City Council 26 – 628 10/1/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Intersection Settings Located in CBD No Signal Coordination Group Cycle Length [s] Coordination Type Actuation Type Offset [s] - 90 Time of Day Pattern Coordinated Fully actuated 0.0 Lead Green - Beginning of First Green SingleBand Offset Reference Permissive Mode Lost time [s]12.00 Phasing & Timing Control Type Signal Group Permiss Permiss Unsigna Permiss Permiss Permiss Split 0 Permiss 0 Split 8 Split 0 Split 4 Overlap 4060020 Auxiliary Signal Groups Lead / Lag 2,4 -- 0 -- 0 - 0 -- 0 - 0 - 0 - 6 - 0 - 10Minimum Green [s] Maximum Green [s] Amber [s] 10 10 10 30 3.0 1.0 51 3.0 0 0 30 0 0 30 0 0 0 30 3.0 1.0 10 3.0 0 0 30 0.0 0.0 0 3.0 1.0 29 0.0 0.0 0 0.0 0.0 0 3.0 1.0 29 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 3.0 1.0 51 All red [s] Split [s] Vehicle Extension [s] Walk [s] 0.0 0 3.0 7 0.0 0 0.0 0 3.0 7 0.0 0 0.0 0 0.0 0 0.0 0 3.0 0 Pedestrian Clearance [s] Delayed Vehicle Green [s] Rest In Walk 0 18 0 0 14 0 0 0 0 0 0 0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 l1, Start-Up Lost Time [s] l2, Clearance Lost Time [s] Minimum Recall 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 2.0 No Maximum Recall Pedestrian Recall Detector Location [ft] Detector Length [ft] I, Upstream Filtering Factor No No 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.001.00 1.00 1.00 1.00 1.00 1.00 1.00 Exclusive Pedestrian Phase Pedestrian Signal Group Pedestrian Walk [s] 0 0 0Pedestrian Clearance [s] City Council 26 – 629 10/1/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Lane Group Calculations Lane Group C, Cycle Length [s] C C C R L C C R 90 90 90 90 90 90 90 90 L, Total Lost Time per Cycle [s] l1_p, Permitted Start-Up Lost Time [s] l2, Clearance Lost Time [s] g_i, Effective Green Time [s] g / C, Green / Cycle 4.00 0.00 2.00 64 4.00 0.00 2.00 64 4.00 0.00 2.00 64 4.00 0.00 2.00 4 4.00 4.00 4.00 4.00 0.00 0.00 0.00 0.00 2.00 2.00 2.00 0.00 10 10 10 78 0.71 0.24 6792 4846 4.84 0.50 1.00 0.18 0.00 1.00 1.00 0.71 0.25 6792 4846 4.93 0.50 1.00 0.20 0.00 1.00 1.00 0.71 0.23 1863 1329 4.79 0.50 1.00 0.64 0.00 1.00 1.00 0.04 0.01 2813 115 41.96 0.11 1.00 1.54 0.00 1.00 1.00 0.11 0.11 0.11 0.87 0.04 0.04 0.04 0.25 1781 1790 1702 2813 (v / s)_i Volume / Saturation Flow Rate s, saturation flow rate [veh/h] c, Capacity [veh/h]200 201 191 2449 d1, Uniform Delay [s]36.89 36.89 37.03 1.01 0.11 0.11 0.11 0.50 1.00 1.00 1.00 1.00 1.00 1.00 1.22 0.30 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 k, delay calibration I, Upstream Filtering Factor d2, Incremental Delay [s] d3, Initial Queue Delay [s] Rp, platoon ratio PF, progression factor Lane Group Results X, volume / capacity d, Delay for Lane Group [s/veh] Lane Group LOS 0.33 5.02 A 0.35 5.13 A 0.32 5.42 A 0.31 43.51 D 0.34 0.34 0.38 0.29 37.89 37.89 38.25 1.32 D D D A Critical Lane Group No Yes No Yes No No Yes No 50th-Percentile Queue Length [veh/ln] 50th-Percentile Queue Length [ft/ln] 95th-Percentile Queue Length [veh/ln] 95th-Percentile Queue Length [ft/ln] 2.29 57.26 4.12 103.07 2.48 61.98 4.46 111.56 2.58 64.43 4.64 115.97 0.41 10.24 0.74 18.43 1.43 1.44 1.51 0.27 35.78 35.95 37.85 6.69 2.58 2.59 2.73 0.48 64.40 64.70 68.13 12.05 City Council 26 – 630 10/1/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Movement, Approach, & Intersection Results d_M, Delay for Movement [s/veh] Movement LOS 0.00 5.02 A 0.00 0.00 5.19 A 5.42 A 0.00 0.00 43.51 D 37.89 D 38.22 D 1.32 A d_A, Approach Delay [s/veh] Approach LOS 5.02 A 5.19 A 43.51 D 9.61 A d_I, Intersection Delay [s/veh] Intersection LOS 6.30 A Intersection V/C 0.353 Other Modes g_Walk,mi, Effective Walk Time [s] M_corner, Corner Circulation Area [ft²/ped] M_CW, Crosswalk Circulation Area [ft²/ped] d_p, Pedestrian Delay [s] 0.0 0.00 0.00 0.00 0.000 F 0.0 0.00 0.00 0.00 0.000 F 11.0 0.00 0.00 34.68 2.161 B 11.0 0.00 0.00 34.68 2.603 B I_p,int, Pedestrian LOS Score for Intersection Crosswalk LOS s_b, Saturation Flow Rate of the bicycle lane c_b, Capacity of the bicycle lane [bicycles/h] d_b, Bicycle Delay [s] 2000 555 2000 555 2000 133 2000 1044 10.28 2.323 B 23.48 2.221 B 23.48 2.262 B 39.21 1.560 A I_b,int, Bicycle LOS Score for Intersection Bicycle LOS Sequence Ring 1 Ring 2 Ring 3 Ring 4 - - - - 2 6 - 4 - 8 - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --- City Council 26 – 631 10/1/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Intersection Level Of Service Report Intersection 30: Bristol Street at I-405 NB Ramps Control Type: Analysis Method: Analysis Period: Signalized HCM 7th Edition 15 minutes Delay (sec / veh): Level Of Service: Volume to Capacity (v/c): 13.9 B 0.650 Intersection Setup Name Bristol Street Bristol Street Southbound I-405 NB Ramps Eastbound I-405 NB Ramps WestboundApproachNorthbound Lane Configuration Turning Movement Lane Width [ft] Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left 12.00 0 Thru 12.00 0 Right 12.00 0 Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left Thru 12.00 0 Right 12.00 1 12.00 1No. of Lanes in Entry Pocket Entry Pocket Length [ft] No. of Lanes in Exit Pocket Exit Pocket Length [ft] Speed [mph] 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 Grade [%] Curb Present Crosswalk No No Yes Yes City Council 26 – 632 10/1/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Volumes Name Bristol Street 2115 Bristol Street 2169 I-405 NB Ramps 196 I-405 NB Ramps 361 309 1196Base Volume Input [veh/h] Base Volume Adjustment Factor Heavy Vehicles Percentage [%] Proportion of CAVs [%] 0 185 0 20 0 0 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Growth Factor In-Process Volume [veh/h]0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Site-Generated Trips [veh/h] Diverted Trips [veh/h] 0 0 0 0 0 0 0 0 0 0 0 Pass-by Trips [veh/h]0 0 0 0 0 0 0 0 0 0 0Existing Site Adjustment Volume [veh/h] Other Volume [veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 0 Right Turn on Red Volume [veh/h] Total Hourly Volume [veh/h] 0 0 0 0 0 0 0 0 2115 185 2169 20 196 361 309 1196 Peak Hour Factor 1.0000 0.9540 0.9540 1.0000 0.9540 0.9540 1.0000 1.0000 0.9540 0.9540 0.9540 0.9540 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Other Adjustment Factor Total 15-Minute Volume [veh/h] Total Analysis Volume [veh/h] Presence of On-Street Parking On-Street Parking Maneuver Rate [/h] Local Bus Stopping Rate [/h] v_do, Outbound Pedestrian Volume crossing v_di, Inbound Pedestrian Volume crossing m v_co, Outbound Pedestrian Volume crossing v_ci, Inbound Pedestrian Volume crossing mi v_ab, Corner Pedestrian Volume [ped/h] Bicycle Volume [bicycles/h] 0 0 554 48 194 No 0 0 0 568 5 21 No 0 0 0 0 0 51 205 No 0 95 378 No 0 81 313 1254 No 0 2217 2274 324 No 0 No 0 No 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 City Council 26 – 633 10/1/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Intersection Settings Located in CBD No Signal Coordination Group Cycle Length [s] Coordination Type Actuation Type Offset [s] - 90 Time of Day Pattern Coordinated Fully actuated 0.0 Lead Green - Beginning of First Green SingleBand Offset Reference Permissive Mode Lost time [s]12.00 Phasing & Timing Control Type Signal Group Permiss Permiss Unsigna Permiss Permiss Permiss Split 0 Permiss 0 Split 8 Split 0 Split 4 Overlap 4060020 Auxiliary Signal Groups Lead / Lag 2,4 -- 0 -- 0 - 0 -- 0 - 0 - 0 - 6 - 0 - 10Minimum Green [s] Maximum Green [s] Amber [s] 10 10 10 30 3.0 1.0 21 3.0 0 0 30 0 0 30 0 0 0 30 3.0 1.0 40 3.0 0 0 30 0.0 0.0 0 3.0 1.0 29 0.0 0.0 0 0.0 0.0 0 3.0 1.0 29 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 3.0 1.0 21 All red [s] Split [s] Vehicle Extension [s] Walk [s] 0.0 0 3.0 7 0.0 0 0.0 0 3.0 7 0.0 0 0.0 0 0.0 0 0.0 0 3.0 0 Pedestrian Clearance [s] Delayed Vehicle Green [s] Rest In Walk 0 18 0 0 14 0 0 0 0 0 0 0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 l1, Start-Up Lost Time [s] l2, Clearance Lost Time [s] Minimum Recall 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 2.0 No Maximum Recall Pedestrian Recall Detector Location [ft] Detector Length [ft] I, Upstream Filtering Factor No No 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.001.00 1.00 1.00 1.00 1.00 1.00 1.00 Exclusive Pedestrian Phase Pedestrian Signal Group Pedestrian Walk [s] 0 0 0Pedestrian Clearance [s] City Council 26 – 634 10/1/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Lane Group Calculations Lane Group C, Cycle Length [s] C C C R L C C R 90 90 90 90 90 90 90 90 L, Total Lost Time per Cycle [s] l1_p, Permitted Start-Up Lost Time [s] l2, Clearance Lost Time [s] g_i, Effective Green Time [s] g / C, Green / Cycle 4.00 0.00 2.00 52 4.00 0.00 2.00 52 4.00 0.00 2.00 52 4.00 0.00 2.00 9 4.00 4.00 4.00 4.00 0.00 0.00 0.00 0.00 2.00 2.00 2.00 0.00 17 17 17 73 0.58 0.33 6792 3951 11.70 0.50 1.00 0.58 0.00 1.00 1.00 0.58 0.27 6792 3951 10.80 0.50 1.00 0.39 0.00 1.00 1.00 0.58 0.25 1855 1079 10.47 0.50 1.00 1.23 0.00 1.00 1.00 0.10 0.07 2813 278 39.45 0.11 1.00 3.83 0.00 1.00 1.00 0.19 0.19 0.19 0.81 0.13 0.13 0.14 0.45 1781 1814 1702 2813 (v / s)_i Volume / Saturation Flow Rate s, saturation flow rate [veh/h] c, Capacity [veh/h]332 338 317 2286 d1, Uniform Delay [s]34.31 34.22 34.55 2.86 0.11 0.11 0.11 0.50 1.00 1.00 1.00 1.00 2.74 2.54 3.35 0.95 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 k, delay calibration I, Upstream Filtering Factor d2, Incremental Delay [s] d3, Initial Queue Delay [s] Rp, platoon ratio PF, progression factor Lane Group Results X, volume / capacity d, Delay for Lane Group [s/veh] Lane Group LOS 0.56 12.28 B 0.46 11.19 B 0.43 11.70 B 0.74 43.29 D 0.70 0.69 0.74 0.55 37.05 36.75 37.91 3.81 D D D A Critical Lane Group No No No Yes No No Yes Yes 50th-Percentile Queue Length [veh/ln] 50th-Percentile Queue Length [ft/ln] 95th-Percentile Queue Length [veh/ln] 95th-Percentile Queue Length [ft/ln] 6.38 4.86 121.52 8.48 211.91 4.98 124.41 8.63 215.87 2.32 58.04 4.18 104.48 4.96 4.93 5.04 2.34 124.0 123.3 125.9 58.38 8.61 8.58 8.72 4.20 215.3 214.3 217.9 105.0 159.40 10.52 262.92 City Council 26 – 635 10/1/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Movement, Approach, & Intersection Results d_M, Delay for Movement [s/veh] Movement LOS 0.00 12.28 B 0.00 0.00 11.29 B 11.70 B 0.00 0.00 43.29 D 37.05 D 37.59 D 3.81 A d_A, Approach Delay [s/veh] Approach LOS 12.28 B 11.29 B 43.29 D 15.81 B d_I, Intersection Delay [s/veh] Intersection LOS 13.93 B Intersection V/C 0.650 Other Modes g_Walk,mi, Effective Walk Time [s] M_corner, Corner Circulation Area [ft²/ped] M_CW, Crosswalk Circulation Area [ft²/ped] d_p, Pedestrian Delay [s] 0.0 0.00 0.00 0.00 0.000 F 0.0 0.00 0.00 0.00 0.000 F 11.0 0.00 0.00 34.68 2.265 B 11.0 0.00 0.00 34.68 2.770 C I_p,int, Pedestrian LOS Score for Intersection Crosswalk LOS s_b, Saturation Flow Rate of the bicycle lane c_b, Capacity of the bicycle lane [bicycles/h] d_b, Bicycle Delay [s] 2000 555 2000 555 2000 800 2000 378 23.48 2.474 B 23.48 2.317 B 16.21 1.560 A 29.62 3.173 C I_b,int, Bicycle LOS Score for Intersection Bicycle LOS Sequence Ring 1 Ring 2 Ring 3 Ring 4 - - - - 2 6 - 4 - 8 - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --- City Council 26 – 636 10/1/2024 Date:August 9, 2024 Prepared by: Meaghan Truman, Associate Environmental Planner III To:Ali Pezeshkpour, apezeshkpour@santa-ana.org Related Bristol Specific Plan ProjectSite: Subject:Late Comment Letters on the DEIR for the Related Bristol Specific Plan Project Received before August 10, 2024 (SCH No. 2020029087) Dear Mr. Pezeshkpour, The 45-day public comment period for the SEIR of the Related Bristol Specific Plan Project began July 6, 2023, and ended on August 21, 2023, as documented on the City’s website, the Orange County Clerk’s website, and State Clearinghouse. Under CEQA, a lead agency is required to consider comments on the Draft SEIR and to prepare written responses, if a comment is received within the public comment period. (Pub. Resources Code, § 21091, subd. (d); CEQA Guidelines, § 15088.) When a comment letter is received after the close of the public comment period, however, a lead agency does not have an obligation to respond. (Pub. Resources Code, § 21091, subd. (d)(1); Pub. Resources Code, § 21092.5, subd. (c)(“Nothing in this section requires the lead agency to respond to comments not received within the comment periods specified in this division, to reopen comment periods, or to delay acting on a negative declaration or environmental impact report.”).) Although a lead agency is not required to respond to late comments, it may choose to do so. (Gray v. County of Madera (2008) 167 Cal. App. 4th 1099, 1110 (Gray), citing Pub. Resources Code, § 21091, subd. (d)(1); CEQA Guidelines, § 15088; Gilroy Citizens for Responsible Planning v. City of Gilroy (2006) 140 Cal.App.4th 911, 925, fn. 10 (Gilroy Citizens)). The three letters were received by the City of Santa Ana after the 45-day public comment period for the Draft SEIR ended on August 21, 2023. However, the City of Santa Ana has elected to prepare the following written responses with the intent of conducting a comprehensive and meaningful evaluation of the proposed Project. The number designations in the responses are correlated to the bracketed and identified portions in the comment letter. EPD Solutions, Inc. has reviewed the letter and provided responses for the Lead Agency’s consideration in review of the Related Bristol Specific Plan Project at the August 12, 2024, Planning Commission Hearing. As further detailed in the individual responses to comments below, none of the comments indicate that there would be a substantial increase in the severity of a previously identified environmental impact that would not be mitigated, or that there would be any of the other circumstances requiring recirculation as described in CEQA Guidelines Section 15088.5. No new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented, there is no substantial increase in the severity of an environmental impact, no feasible project alternative or mitigation measure considerably different from others previously analyzed would lessen the environmental impacts of the Project, and the Draft and Final SEIR are not fundamentally inadequate and conclusory in nature. Please find the letter and response to comments attached. Respectfully, Meaghan Truman 1 City Council 26 – 637 10/1/2024 Letter L1: Doris Rodriguez (1 page) Late Comment letter 2 City Council 26 – 638 10/1/2024 Response to Letter L1: Doris Rodriguez, dated August 7, 2024 This comment letter was received after the public review and comment period ended (July 6, 2023, through August 23, 2023). As stated in Section 15088 of the CEQA Guidelines, Lead Agencies are not required to respond to letters received outside of the noticed comment period. However, the following responses have been prepared to provide clarity regarding the environmental concerns that have been raised. Comment L1.1: This comment expresses a concern for traffic congestion in the area due to buildout of the proposed Project. The comment also states that the noise, traffic, and air quality impacts would affect the quality of life for nearby residents. Response L1.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. Environmental topics related to the quality of life for City residents have been evaluated throughout the SEIR in sections that include: Section 5.1 Air Quality, Section 5.5 Greenhouse Gas Emissions, Section 5.6 Hazards and Hazardous Materials, Section 5.9 Noise, Section 5.10 Population and Housing, Section 5.11 Public Services, Section 5.13 Transportation, and Section 5.15 Utilities and Service Systems. As discussed in Section 5.1 Air Quality, the Project would result in a less than significant localized significance and health risk impact to the nearest sensitive receptors located 130 feet west of the Project site throughout all phases of development with the implementation of General Plan FEIR Mitigation Measures AQ-1 and AQ-2 as well as Project Mitigation Measures AQ-1 through AQ-6. In addition, as discussed in Section 5.9 Noise, noise impacts to the nearest sensitive receptors located 130 feet west of the Project site would be less than significant throughout all phases of development and full buildout of the Specific Plan. Therefore, the Project would not result in significant air quality or noise impacts on nearby residents. Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. Regarding traffic remediation, Figure 3-12, Proposed Circulation Plan, in the Draft SEIR, the Project includes multiple circulation improvements to connect the proposed redevelopment of the site to the existing circulation system adjacent to the site in a manner that would implement efficient multi-modal circulation to, from, and within the Project site, including pedestrian circulation, bicycle lanes, bus stop improvements within the High Quality Transit Area. Draft Supplemental EIR Section 3.0, Project Description, details various roadway improvements that would be implemented as part of the Project to improve the existing roadways and provide for the increased vehicular volume from the Project site. In addition, each future proposed development under the currently proposed Specific Plan Project will be reviewed through the City’s development review and permitting process for consistency with the approved Specific Plan and SEIR. This review would include VMT screening assessment and a focused traffic study to confirm consistency with the transportation findings made as a part of the Related Bristol Specific Plan SEIR, VMT screening assessment, and TIA. 3 City Council 26 – 639 10/1/2024 Letter L2: Les Goldberg (2 pages) Late Comment letter 4 City Council 26 – 640 10/1/2024 5 City Council 26 – 641 10/1/2024 Response to Letter L2: Les Goldberg, dated August 7, 2024 This comment letter was received after the public review and comment period ended (July 6, 2023, through August 23, 2023). As stated in Section 15088 of the CEQA Guidelines, Lead Agencies are not required to respond to letters received outside of the noticed comment period. However, the following responses have been prepared to provide clarity regarding the environmental concerns that have been raised. Comment L2.1: This comment states that the City should not be developing in an already developed area, and the City should focus on developing in impoverished areas, solving the homeless crisis, and creating affordable housing. The comment concludes by asking whether the rent for the proposed residential units would be affordable. Response L2.1: This comment does not provide substantial evidence of a significant environmental impact. The Project site has been designated as a District Center by the City of Santa Ana General Plan where intense mixed-use development is encouraged. As discussed in Section 5.8 Land Use and Planning, of the Draft SEIR, the proposed Project would be consistent with its General Plan designation. The proposed Project would provide housing proximate to local employment centers, commercial retail services and restaurants for onsite residents and employees working nearby. In addition, the proposed Project would provide onsite open space and recreation activities that would integrate into the existing communities around the site. Thus, the redevelopment of the site and change to the area has been planned for by the City. In regard to the provision of affordable units by the Project, the proposed Specific Plan does not include specific requirements for affordable units. However, the proposed Project would result in a residential density of 91 du/ac, which would allow the potential for each proposed residential or mixed-use development to include affordable residential units. Section 3.6 of the proposed Specific Plan describes that the City of Santa Ana has established an Affordable Housing Opportunity and Creation Ordinance (AHOCO) to encourage the development of housing that is affordable to a range of households with varying income levels. The Ordinance is applicable to new residential projects within the Specific Plan area that meet certain criteria. As implementing projects in the Specific Plan area are submitted to the City for review, they would be required to comply with the City’s AHOCO or the Project’s Development Agreement when approved. In addition, affordable housing is an economic and social issue. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft Supplemental EIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include substantial discussion of the Project’s economic or social effects. Because no environmental impacts related to affordable housing would occur, mitigation measures are not required. 6 City Council 26 – 642 10/1/2024 Letter L3: Tammy Frias (3 Pages) Late Comment Letter 7 City Council 26 – 643 10/1/2024 8 City Council 26 – 644 10/1/2024 9 City Council 26 – 645 10/1/2024 10 City Council 26 – 646 10/1/2024 Response to Letter L3: Tammy Frias dated August 7, 2024 and August 8,2024 This comment letter was received after the public review and comment period ended (July 6, 2023, through August 23, 2023). As stated in Section 15088 of the CEQA Guidelines, Lead Agencies are not required to respond to letters received outside of the noticed comment period. However, the following responses have been prepared to provide clarity regarding the environmental concerns that have been raised. Comment L3.1: This comment states that the Ward 4 South Coast Metro Neighborhood leaders would like added benefits to the proposed Project which includes the undergrounding utility transmission lines surrounding the Project site, a full-service grocery store within the Project site, and several roadway improvements to the surrounding area. Response to Comment L3.1: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. Regarding roadway improvements, Figure 3-12, Proposed Circulation Plan, in the Draft SEIR, the Project includes multiple circulation improvements to connect the proposed redevelopment of the site to the existing circulation system adjacent to the site in a manner that would implement efficient multi-modal circulation to, from, and within the Project site, including pedestrian circulation, bicycle lanes, bus stop improvements within the High Quality Transit Area. Draft Supplemental EIR Section 3.0, Project Description, details various roadway improvements that would be implemented as part of the Project to improve the existing roadways and provide for the increased vehicular volume from the Project site. In addition, each future proposed development under the currently proposed Specific Plan Project will be reviewed through the City’s development review and permitting process for consistency with the approved Specific Plan and SEIR. The Draft SEIR was prepared pursuant to CEQA Statute and the CEQA Guidelines in order to provide a meaningful discussion of the proposed Project and its resulting potential environmental impacts as a means of public disclosure. Thus, no further response is required or provided; however, this comment will be forwarded to all decision makers as part of the Staff Report for the Project. Comment L3.2: This comment expresses concern over the potential traffic increase along Bristol Street with implementation of the proposed Project and the proposed Segerstrom development. The commenter concludes that instead of adding bike lanes in front of the Project site, Bristol Street should be widened. Response to Comment L3.2: This comment does not provide substantial evidence of a significant environmental impact. As detailed in Draft SEIR Section 5. 13 Transportation, Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the Supplemental EIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. The commenter incorrectly states that the implementation of bike lanes would only be in front of the Project site and would not connect to any existing bike lanes along Bristol Street. As discussed in Table 5.13-1 of the Draft SEIR, Bristol Street contains Class II bike lanes on both sides of the street which continue from Sunflower Avenue to West Central Avenue to the north. In addition, as discussed in Section 3.0, Project Description, further improvements to Bristol Street include new curb cuts, potential signalization of driveway between Callens Common and Sunflower Avenue, median improvements, and landscaped setbacks. 11 City Council 26 – 647 10/1/2024 Comment L3.3: This comment requests a lighted welcome sign to the South Coast Metro Area as well as a shuttle service for neighborhoods surrounding the Project site. Response to Comment L3.3: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. The Draft SEIR was prepared pursuant to CEQA Statute and the CEQA Guidelines in order to provide a meaningful discussion of the proposed Project and its resulting potential environmental impacts as a means of public disclosure. Thus, no further response is required or provided; however, this comment will be forwarded to all decision makers as part of the Staff Report for the Project. Comment L3.4: This comment states that there is a lack of police presence, and more law enforcement would be needed to keep up with the proposed development. Response to Comment L3.4: As described in Section 3.0, Project Description, of the Draft SEIR, an administrative Police Department Substation (no transfers or bookings) would be located within the commercial use area of the Project site. The substation would provide space for the expansion of policing services in the southern portion of the City and would provide the ability to quickly respond to emergency calls from within the Project site. The specific location would be determined prior to construction of the first phase of the proposed Project. Also, in Section 5.11 Public Services, it describes that the proposed Project would address typical residential security concerns by providing low-intensity security lighting, security cameras, electronic access to buildings, and onsite security personnel. Pursuant to the City’s existing permitting process, the Police Department would review and approve the final site plans to ensure that the City’s Crime Prevention through Environmental Design (CPTED) measures (General Plan Policy PS-2.1) are incorporated appropriately to provide a safe environment, including areas within parking garages. Thus, police staffing concerns were adequately addressed in the Draft SEIR. Comment L3.5: This comment presents further provisions the commenter wishes to be included as part of the Project, including a name change for the South Coast Metro Community, a requirement of two parking spots per rental unit, a PAAL Program, Landscape/beautification, allowing rental apartments to be purchased, and a pedestrian walkway at the corner of Bristol Street and MacArthur Boulevard. Response to Comment L3.5: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. The Draft SEIR was prepared pursuant to CEQA Statute and the CEQA Guidelines in order to provide a meaningful discussion of the proposed Project and its resulting potential environmental impacts as a means of public disclosure. Thus, no further response is required or provided; however, this comment will be forwarded to all decision makers as part of the Staff Report for the Project. Comment L3.6: This comment concludes the letter by stating that the surrounding residents want a designated construction route, so construction vehicles avoid using MacArthur Boulevard to Bristol Street. Response to Comment L3.6: As discussed in Section 5., Air Quality, proposed Specific Plan Mitigation Measure AQ-1: Construction Exhaust and Dust Control requires the preparation of a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclist, and other non-truck traffic. As such, the Project would be required to follow a designated construction route to avoid residential areas in the vicinity of the Project. Thus, no further response warranted. Comment L3.7: The commenter wishes that at least 85-90% of the development agreement fund be used in the South Coast Metro Ward #4 neighborhoods. The comment also includes an attached letter. Response L3.7: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. The Draft SEIR was prepared pursuant to CEQA Statute and the CEQA Guidelines in order to provide a meaningful discussion of the proposed Project and its resulting potential environmental impacts as a means of public disclosure. Thus, no 12 City Council 26 – 648 10/1/2024 further response is required or provided; however, this comment will be forwarded to all decision makers as part of the Staff Report for the Project. In addition, responses to the comments raised in the attached letter are provided above in Responses L3.1 through L3.6. 13 City Council 26 – 649 10/1/2024 Date:August 12, 2024 Prepared by: Meaghan Truman, Associate Environmental Planner III To:Ali Pezeshkpour, apezeshkpour@santa-ana.org Related Bristol Specific Plan ProjectSite: Subject:Late Comment Letters on the DEIR for the Related Bristol Specific Plan Project Received after August 10, 2024 (SCH No. 2020029087) Dear Mr. Pezeshkpour, The 45-day public comment period for the SEIR of the Related Bristol Specific Plan Project began July 6, 2023, and ended on August 21, 2023, as documented on the City’s website, the Orange County Clerk’s website, and State Clearinghouse. Under CEQA, a lead agency is required to consider comments on the Draft SEIR and to prepare written responses, if a comment is received within the public comment period. (Pub. Resources Code, § 21091, subd. (d); CEQA Guidelines, § 15088.) When a comment letter is received after the close of the public comment period, however, a lead agency does not have an obligation to respond. (Pub. Resources Code, § 21091, subd. (d)(1); Pub. Resources Code, § 21092.5, subd. (c)(“Nothing in this section requires the lead agency to respond to comments not received within the comment periods specified in this division, to reopen comment periods, or to delay acting on a negative declaration or environmental impact report.”).) Although a lead agency is not required to respond to late comments, it may choose to do so. (Gray v. County of Madera (2008) 167 Cal. App. 4th 1099, 1110 (Gray), citing Pub. Resources Code, § 21091, subd. (d)(1); CEQA Guidelines, § 15088; Gilroy Citizens for Responsible Planning v. City of Gilroy (2006) 140 Cal.App.4th 911, 925, fn. 10 (Gilroy Citizens)). Multiple letters for the Project, against the Project, or neutral letters were received by the City of Santa Ana after the 45-day public comment period for the Draft SEIR ended on August 21, 2023. However, the City of Santa Ana has elected to prepare the following written responses with the intent of conducting a comprehensive and meaningful evaluation of the proposed Project. The number designations in the responses are correlated to the bracketed and identified portions in the comment letter. EPD Solutions, Inc. has reviewed the letter and provided responses for the Lead Agency’s consideration in review of the Related Bristol Specific Plan Project at the August 12, 2024, Planning Commission Hearing. As further detailed in the individual responses to comments below, none of the comments indicate that there would be a substantial increase in the severity of a previously identified environmental impact that would not be mitigated, or that there would be any of the other circumstances requiring recirculation as described in CEQA Guidelines Section 15088.5. No new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented, there is no substantial increase in the severity of an environmental impact, no feasible project alternative or mitigation measure considerably different from others previously analyzed would lessen the environmental impacts of the Project, and the Draft and Final SEIR are not fundamentally inadequate and conclusory in nature. Please find the letter and response to comments attached. Respectfully, Meaghan Truman 1 City Council 26 – 650 10/1/2024 Letter L4: Katie Perez (1 page) Late Comment Letter 2 City Council 26 – 651 10/1/2024 Response to Letter L4: Katie Perez, dated August 10, 2024 Comment L4.1: This comment states that the commenter is dissatisfied with communications on the Project and found out about the hearing through a post on Nextdoor. The comment states that those who would be affected by the large increase in traffic should have been notified. Response L4.1: This comment does not provide substantial evidence of a significant environmental impact. As discussed on page 2-5 of the Draft Supplemental EIR in Section 2.0, Introduction, the City of Santa Ana held a scoping meeting for the proposed Project to solicit oral and written comments from the public and public agencies. The public scoping meeting was held on March 30, 2023. Comments received at the meeting are contained in Appendix A of the Draft Supplemental EIR. Additionally, the City of Santa Ana, as Lead Agency, prepared a NOP for the proposed Project, which was distributed to nearby businesses and residents within a 1000-foot radius of the Project site on March 17, 2023 for a 30-day public review and comment period that ended on April 17, 2023. The Draft Supplemental EIR was circulated for a 45- day public review period that allowed for public comments. Additionally, the Draft Supplemental EIR provides an accurate and thorough analysis of all of the Project’s potential environmental impacts pursuant to CEQA. The Draft SEIR Section 5.13, Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the Supplemental EIR is not required to analyze impacts related to traffic congestion. In addition, Policy M-1.4 from the City’s Mobility Element (as listed on page 5.13-3 of the Draft Supplemental EIR) states that the City intends to “maintain at least a vehicle level of service “D” for intersections of arterial streets, except in areas planned for high intensity development or traffic safety projects”. The Project site has a General Plan land use designation of District Center-High, which is intended for transit-oriented and high-density urban villages and mixed uses. Comment L4.2: This comment states that crime is rising within the area, and there have been several accidents along Bristol Street which would increase due to the increase in traffic brought by the proposed project. Response L4.2: This comment does not provide substantial evidence of a significant environmental impact. As described in Section 3.0, Project Description, of the Draft SEIR, an administrative Police Department Substation (no transfers or bookings) would be located within the commercial use area of the Project site. The substation would provide space for the expansion of policing services in the southern portion of the City and would provide the ability to quickly respond to emergency calls from within the Project site. The specific location would be determined prior to construction of the first phase of the proposed Project. Also, in Section 5.11 Public Services, it describes that the proposed Project would address typical residential security concerns by providing low-intensity security lighting, security cameras, electronic access to buildings, and onsite security personnel. Pursuant to the City’s existing permitting process, the Police Department would review and approve the final site plans to ensure that the City’s Crime Prevention through Environmental Design (CPTED) measures (General Plan Policy PS-2.1) are incorporated appropriately to provide a safe environment, including areas within parking garages. Thus, police staffing concerns were adequately addressed in the Draft SEIR. The commenter provides no substantial evidence regarding a traffic safety impact. As discussed on Draft SEIR page 5.13-11, the Project would include multiple circulation improvements to connect the proposed 3 City Council 26 – 652 10/1/2024 redevelopment of the site to the existing circulation system adjacent to the site, including installation of signals, where warranted, to ensure traffic safety. All of the proposed Project driveways, roadway improvements, and access designs would be required to meet the City’s traffic engineering design standards as a part of the City’s development review and permitting approval process. Comment L4.3: This comment questions what the City would do with the homeless population that currently utilize the Project site. Comment L4.3: This comment does not provide substantial evidence of a significant environmental impact. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft Supplemental EIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include substantial discussion of the Project’s economic or social effects, including effects on the homeless in the area. Comment L4.4: This comment concludes the letter by stating that nobody in the area wants high rise apartment to be developed and that the community strongly opposes the proposed Project. Comment L4.4: The comment does not provide any specific concerns regarding the environmental impacts or analysis associated with the proposed Project and merely provides their opinion that they oppose the Project. As such, no further response is warranted. This comment and responses will be forwarded to City decision makers as part of the Project’s staff report for their review and consideration. 4 City Council 26 – 653 10/1/2024 Letter L5: Huy Nguyen (2 pages) Late Comment Letter 5 City Council 26 – 654 10/1/2024 6 City Council 26 – 655 10/1/2024 Response to Letter L5: Huy Nguyen, dated August 10, 2024 Comment L5.1: This comment expresses concern about the vibration impacts from heavy machinery operating within the Project site and being transported along adjacent roads (specifically MacArthur Boulevard) during construction activity. Response to Comment L5.1: This comment does not provide substantial evidence of a significant environmental impact. The Draft SEIR adequately describes potential vibration impacts associated with the use of heavy machinery and trucks on page 5.9-31 of the Draft SEIR. As discussed, truck vibration levels are dependent on vehicle characteristics, load, speed, and pavement conditions. However, typical vibration levels for heavy truck activity at normal traffic speeds would be approximately 0.006 in/sec PPV, based on the FTA Transit Noise Impact and Vibration Assessment. Truck movements on site would be travelling at very low speed, so it is expected that truck vibration at nearby sensitive receivers would be less than the vibration threshold of 0.08 in/sec PPV for fragile historic buildings and 0.04 in/sec PPV for human annoyance, and therefore, would be less than significant. Comment L5.2: This comment suggests that construction traffic would result in delays and increased traffic along adjacent roads. The commenter suggests an alternative construction route to avoid impacting residents along MacArthur Boulevard to reduce traffic congestion. Response to Comment L5.2: This comment does not provide substantial evidence of a significant environmental impact. The Draft SEIR Section 5.13, Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the Supplemental EIR is not required to analyze impacts related to traffic congestion during construction. As discussed in Section 5.1, Air Quality, proposed Specific Plan Mitigation Measure AQ-1: Construction Exhaust and Dust Control requires the preparation of a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclist, and other non-truck traffic. As such, the Project would be required to follow a designated construction route to avoid residential areas in the vicinity of the Project. 7 City Council 26 – 656 10/1/2024 Comment L6: Nathan Foss (1 page) Late Comment Letter 8 City Council 26 – 657 10/1/2024 Response to Comment L6: Nathan Floss, dated August 9, 2024 Comment L6.1: This comment expresses concern about new gas emissions and other hazardous airborne materials during construction of the proposed Project. Response to Comment L6.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. As discussed in Section 5.1 Air Quality of the Draft Supplemental EIR, emission impacts on nearby sensitive receptors would be mitigated to a less than significant level with the implementation of General Plan FEIR Mitigation Measure AQ-1 which requires off-road construction equipment greater than 50 horsepower to meet CARB Teir 4 Final emissions standards as well as Project Specific Mitigation Measure AQ-2 which requires the proposed Project to use “Super Compliant” low VOC paints to reduce ROG emissions. In addition, the proposed Project would include Project Specific Mitigation Measure AQ-1 which would require the inclusion of construction exhaust and dust control measures to ensure that localized impacts on nearby sensitive receptors would be less than significant during the construction process. Further, during construction, the Project would be required to adhere to SCAQMD Rules, such as SCAQMD Rule 403, which requires tarping and/or maintaining a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soils, or other loose materials and watering of loose soil. Therefore, the Project would not result in hazardous airborne materials during construction. 9 City Council 26 – 658 10/1/2024 Letter L7: Josh Nelson (2 pages) Late Comment Letter 10 City Council 26 – 659 10/1/2024 11 City Council 26 – 660 10/1/2024 Response to Comment L7: Josh Nelson dated August 12, 2024 Comment L7.1: This comment states that the proposed Project is too dense and does not conform with the surrounding land uses. The commenter states that the large increase in population to the Project site would bring traffic issues and that an alternative site west of the freeway would better serve the proposed Project. The comment concludes by stating that a reduced density of 45 dwelling units per acre would be better suited for the Project site. Response to Comment L7.1: The comment does not raise a specific issue with the adequacy of the Draft SEIR or raise any other CEQA issue. The proposed Project is a Specific Plan that delineates the maximum buildout of the Specific Plan area. Future residential development projects may not include the maximum allowable number of residential units and would be reviewed through the City’s development review and permitting process. Further, it should be noted that the existing General Plan District Center High (DC-5) land use designation has an allowable density of 125 dwelling units per acre (du/ac), and the proposed development would result in a maximum density of 91 du/ac, which is 34 du/ac below the maximum allowed by DC-5. Regarding the concern about the increased traffic that would result from the Project, the number of vehicle trips that would result from each phase of the Project is provided in Table 5.13-3, Proposed Project Trip Generation, of the Draft SEIR. As shown on Figure 3-12, Proposed Circulation Plan, the Related Bristol Specific Plan identifies multiple circulation improvements to connect the proposed redevelopment of the site to the existing circulation system adjacent to the site in a manner that would implement efficient multi- modal circulation to, from, and within the Project site, including pedestrian circulation, bicycle lanes, bus stop improvements within the High Quality Transit Area. The Draft SEIR Section 5.13, Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the Supplemental EIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. However, the Supplemental EIR is not required to analyze impacts related to traffic congestion. Nevertheless, a TIA has been prepared for the Project and is publicly available on the Project’s website. As discussed in Section 6.0 Alternatives, an Alternative site was considered but rejected as the Project objectives are to redevelop the Project site consistent with the objectives of the City’s GPU District Center- High (DC-5) land use designation and South Bristol Street Focus Area that includes new mixed-use development with housing in proximity to transit. In addition, due to the urban and built out nature of the City, development of 3,750 multi-family residential units, 350,000 SF of commercial uses, a 250 room hotel, and 200 senior living/continuum of care units on another 41.13-acre underutilized site at a different location would likely require demolition of existing structures, require similar mitigation, and have similar impacts as the proposed Project. It would be infeasible to develop and operate the proposed Project on an alternative site with fewer environmental impacts, while also implementing the City’s GPU. 12 City Council 26 – 661 10/1/2024 Letter L8: Susan Grasse (1 page) Late Comment Letter 13 City Council 26 – 662 10/1/2024 Response to Letter L8: Susan Grasse, dated August 11, 2024 This comment letter was received after the public review and comment period ended (July 6, 2023, through August 23, 2023). As stated in Section 15088 of the CEQA Guidelines, Lead Agencies are not required to respond to letters received outside of the noticed comment period. However, the following responses have been prepared to provide clarity regarding the environmental concerns that have been raised. Comment L8.1: This comment states that the commenter has several concerns regarding the proposed Project including security for patrons in the underground parking garage. Response L8.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include substantial discussion of security within parking garages. However, as noted on page 5.11-12 of the Draft SEIR, the Project would include development of an administrative Police Department substation within the commercial use area. In addition, the Project would include low-intensity security lighting, security cameras, electronic access to residential buildings, and onsite security personnel. Therefore, adequate security for public patrons would be included within the Project. Comment L8.2: This comment states that the commenter has concerns for student pedestrian safety and commuter traffic safety due to construction equipment along streets. Response L8.2: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. As required by Mitigation Measure AQ-1, the Project Applicant must prepare a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non-truck traffic. Therefore, the Project would not result in safety issues related to construction equipment conflicting with pedestrians or commuter vehicles. Comment L8.3: This comment states that the commenter is concerned about solid and airborne debris from trucks. Response L8.3: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. During construction, the Project would be required to adhere to SCAQMD Rules, such as SCAQMD Rule 403, which requires tarping and/or maintaining a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soils, or other loose materials. Therefore, the Project would not result in solid or airborne debris from construction truck travel. Comment L8.4: This comment states that the commenter is concerned for handicapped accessibility for stores and restaurants during and after construction. Response L8.4: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. Issues related to parking and handicap accessibility are not a CEQA consideration. However, during construction phasing, the Project would provide adequate ADA parking stalls and handicap accessibility for buildings that remain open. During Project operation, the Project would provide adequate ADA parking stalls and paths of travel pursuant to California Building Code requirements. Comment L8.5: This comment states the commenter is concerned about increased traffic on Sunflower Avenue from the hotel and apartments. 14 City Council 26 – 663 10/1/2024 Response L8.5: Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion on Sunflower Avenue. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. Comment L8.6: This comment states the commenter is concerned about physical impacts on residential buildings from heavy trucks traveling on City streets, such as broken or cracked windows. Response L8.6: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. The Draft SEIR adequately describes potential vibration impacts associated with the use of heavy machinery and trucks on page 5.9-31 of the Draft SEIR. As discussed, truck vibration levels are dependent on vehicle characteristics, load, speed, and pavement conditions. However, typical vibration levels for heavy truck activity at normal traffic speeds would be approximately 0.006 in/sec PPV, based on the FTA Transit Noise Impact and Vibration Assessment. Truck movements on site would be travelling at very low speed, so it is expected that truck vibration at nearby sensitive receivers would be less than the vibration threshold of 0.08 in/sec PPV for fragile historic buildings and 0.04 in/sec PPV for human annoyance, and therefore, would be less than significant. Comment L8.7: This comment states that the commenter is concerned about school transportation for elementary school children residing in present and future apartments. Response L8.7: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of school transportation. This comment will be forwarded to decision makers as part of the staff report for the Project. Comment L8.8: This comment states that the commenter is concerned about the loss of Vons for a higher- end store. Response L8.8: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of the type of grocery store that would be included in the Project. Comment L8.9: This comment states that the commenter is concerned about beautification of the area. 15 City Council 26 – 664 10/1/2024 Response L8.9: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of beautification. However, as discussed on page 5.16-7 of the Draft SEIR, the Project is located on an infill site within a TPA as defined under Public Resources Code Section 21099; therefore, the Project’s aesthetic and parking impacts are not considered significant effects on the environment. Comment L8.10: This comment states that the commenter is concerned about a community center onsite. Response L8.10: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of a community center onsite. This comment will be forwarded to City decision makers as part of the staff report for the Project. 16 City Council 26 – 665 10/1/2024 Letter L9: Kelly Lumen (2 pages) Late Comment Letter 17 City Council 26 – 666 10/1/2024 18 City Council 26 – 667 10/1/2024 Response to Letter L9: Kelly Lumen, dated August 11, 2024 Comment L9.1: This comment states that the commenter is opposed to the zone change that would allow for mixed-use development and a hotel in Santa Ana and that the change would have significant negative impacts on the community that must be carefully considered. Response L9.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and is introductory in nature. Pursuant to the requirements of CEQA, the Draft and Final SEIR discussed all reasonably foreseeable environmental effects of the proposed Project, including effects on the surrounding community. Therefore, no further response is warranted. Comment L9.2: This comment states that the Project would likely displace existing local businesses, which could result in a loss of diversity in the commercial landscape, leading to economic instability. Response L9.2: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of local businesses or economic impacts. This comment will be forwarded to City decision makers as part of the staff report for the Project. Comment L9.3: This comment states that this area of Santa Ana already experiences significant traffic and congestion issues and the Project will lead to longer commute times, increased pollution, and a general decline in quality of life for residents. Response L9.3: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. In regard to increased pollution, the Draft SEIR properly analyzed potential effects related to increased air quality emissions associated with the proposed Project. As discussed, emissions from operation of the proposed Project would exceed SCAQMD’s thresholds for NOx and ROG after implementation of existing regulations and mitigation. The majority of NOx emissions are from vehicles and the majority of ROG emissions would be derived from consumer products, neither of which the Project applicant nor the City have the ability to reduce emissions of. Therefore, both NOx and ROG emissions from implementation of the proposed Project would result in both a project level and a cumulatively considerable significant and unavoidable impact. Hence, Impacts AQ-1 and AQ-2 would be significant and unavoidable after mitigation. Impact AQ-3 would be less than significant with implementation of mitigation that requires CARB Tier 4 Final off-road construction equipment and construction exhaust and dust control, as detailed previously. Thus, impacts related to exposure of sensitive receptors to substantial pollutant concentrations would be less than significant with implementation of existing regulations and incorporation of mitigation. 19 City Council 26 – 668 10/1/2024 Comment L9.4: This comment states that the strain on existing infrastructure is immense and there would be costly upgrades that the taxpayers would ultimately bear, including additional traffic lanes, larger sewer and water services, and electrical services. The comment states that traffic studies likely assume that the new residents would use public transportation or not commute at all, which is incorrect. Response L9.4: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. In regard to traffic analysis, the commenter is referred to Response L9.3. Regarding infrastructure improvements, as detailed within Draft SEIR Chapter 3, the Project would include multiple circulation improvements to surrounding roadways and utility improvements, such as sewer and water line upgrades. As described in Section 5.15, Utilities and Service Systems, of the Draft SEIR, the Project would not result in significant impacts related to utility improvements or existing service systems. Comment L9.5: This comment states that the construction required for mixed-use and hotel developments poses serious environmental risks and there will be added pressure on City infrastructure, such as water, sewage, and waste management systems, which could lead to significant challenges in maintaining the quality of these services. Response L9.5: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR, which included a thorough analysis of potential environmental impacts associated with the construction of the Project. In regard to impacts on the infrastructure, such as water, sewage, and waste management services, the commenter is referred to Response L9.4 and the discussion within Section 5.15 of the Draft SEIR. Comment L9.6: This comment states that one of the most concerning aspects of the development is the potential for gentrification and displacement or urban blight. The comment discusses that the shift towards catering towards tourists rather than local citizens could shift the fabric of the community. This comment states that if the Project is not successful, the hotel might become a source of inflow for unhoused individuals. Response L9.6: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of gentrification, urban blight, or homelessness. This comment will be forwarded to City decision makers as part of the staff report for the Project. Comment L9.7: This comment urges the Planning Commission to consider alternatives that support local business, enhance existing infrastructure, and protect community character. The comment states that investments in green spaces and public transportation would result in long term benefits and the commenter opposes the Project. Response L9.7: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and is conclusionary in nature. This comment will be forwarded to City decision makers as part of the staff report for the Project. 20 City Council 26 – 669 10/1/2024 Letter L10: Dorothy J. Wall (1 page) Late Comment Letter 21 City Council 26 – 670 10/1/2024 Response to Letter L10: Dorothy J. Wall, dated August 11, 2024 Comment L10.1: This comment states that the City Council does not have the interests of the community as their top priority and this Project is not in the best interest of the community. The comment states that Bristol Street is already a traffic nightmare. The comment provides a discussion of corruption, that the residents have not been consulted enough, and that communication has been horrible on the Project. The comment states that the Project will have a negative impact on neighborhoods, roads, schools, businesses, and quality of life and that the commenter shops a lot in the center and does not want that to change. This comment states that the commenter will request resignations if the Project goes through. Response L10.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of community interests or general negative impacts on the community. This comment will be forwarded to City decision makers as part of the staff report for the Project. 22 City Council 26 – 671 10/1/2024 Letter L11: Ruya Urso (1 page) Late Comment Letter 23 City Council 26 – 672 10/1/2024 Response to Letter L11: Ruya Urso, dated August 11, 2024 Comment L11.1: This comment states that the commenter, the commenter’s husband, and the commenter’s daughter are opposed to the Project, and they will not be able to attend the hearing but would like to ensure their opposition is noted. Response L11.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. This comment will be forwarded to City decision makers as part of the staff report for the Project. 24 City Council 26 – 673 10/1/2024 Letter L12: Linda Genis (1 page) Late Comment Letter 25 City Council 26 – 674 10/1/2024 Response to Letter L12: Linda Genis, dated August 12, 2024 Comment L12.1: This comment states that there are too many units for the site and there could easily be more than 8,000 residents. Response L12.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. As discussed on page 5.10-8 of the Draft EIR, the Project would result in approximately 9,238 residents based on the Santa Ana GPU FEIR person per household generation rate. While the Draft EIR’s analysis relies on the person per household generation rate of 2.41 from the GPU FEIR, due to the potential unit type which would be developed within the Related Bristol Specific Plan, the applicant has commissioned a study that suggests buildout could result in a lower generation rate of 1.74 persons per household (Concord, 2023). Based on 1.74 PPH, buildout of the Project would result in 6,725 residents inclusive of senior units. This comment will be forwarded to City decision makers as part of the staff report for the Project. Comment L12.2: This comment states that the open space should be 3 to 5 acres per 1,000 people and the Project would result in open space at 1.6 acres per 1,000 people. The comment states that Santa Ana is already short of open space compared to neighboring cities and questions how open space was calculated. Response L12.2: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. As discussed on page 5.12-8 of the Draft SEIR, while the proposed Project would provide approximately 17.21 acres of public and private open space, inclusive of 13.1 acres of publicly accessible open space and recreational facilities onsite, per the requirements of the Related Bristol Specific Plan, the proposed Project’s provision of parkland would not meet the City of Santa Ana’s GPU performance standard of 3 acres of parkland for every 1,000 residents, either on the site or cumulatively. As the existing ratio of acreage of parks and recreational facilities to existing City population results in a parkland deficiency of approximately 154.44 acres, development of the proposed Project would continue to result in a deficiency in parkland throughout the City of Santa Ana. The Project proposes to provide approximately 1.4 acres of publicly accessible open space per 1,000 residents, which exceeds the approximately 1.2 acres per 1,000 residents currently existing within the City. In order to comply with the GPU policy of 3 acres of parkland per 1,000 residents, the proposed Project would require 27.7 acres of parkland or the dedication of approximately 67.3 percent of the Project site. While the proposed Project would provide approximately 17.21 acres of public and private open space onsite, inclusive of 13.1 acres of publicly accessible open space and facilities, and would comply with applicable Municipal Code requirements, the proposed Project would not provide 27.7 acres of parkland and recreation facilities onsite and would not meet the City of Santa Ana’s performance standard for parkland, either on the site or cumulatively through the availability of parks and recreation facilities citywide. As discussed in the GPU FEIR, the City of Santa Ana is essentially fully built out and there is a lack of available vacant land to develop substantial new parks or expand existing facilities. Therefore, there would be no feasible mitigation measures that would be able to reduce the proposed Project’s contribution to significant impacts related to the City’s unsatisfactory level of resident to parkland ratio. As such, impacts would be significant and unavoidable, which is consistent with the findings of the GPU FEIR. Comment L12.3: This comment states that too many mitigations are required. Response L12.3: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and presents the commenter’s opinion. No further response is warranted, and this comment will be forwarded to City decision makers as part of the Project’s staff report. Comment L12.4: This comment states that although State law has relaxed parking requirements for near transportation lines, the City’s parking requirements are too low and ignore the fact that most people use 26 City Council 26 – 675 10/1/2024 cars for transportation. The comment states that ignoring this fact results in parking conflicts in neighboring residential areas. Response L12.4: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and presents the commenter’s opinion. The Project proposes a mixed-use infill development located in a TPA on an urban and developed site in the City of Santa Ana. As discussed in Section 5.13, Transportation, the City of Santa Ana Traffic Impact Study Guidelines Appendix A identifies that the Project site is located within a TPA. The Project area is served by six OCTA routes: Routes 55, 57, 76, 86, 150, and 553. Specifically, OCTA Route 57 serves as a high-quality bus stop with headways of 15 minutes or less during weekday peak commute hours. OCTA Bus Route 553 connects to the Anaheim Regional Transportation Intermodal Center and OCTA Bus Route 86 connects to the Irvine Train Station. In addition, as shown on Figure 5.13-3, SCAG identifies that the Project site is within a High Quality Transit Area. As such, the proposed Project is located on an infill site within a TPA as defined under Public Resources Code Section 21099. Thus, the proposed Project’s parking impacts are not considered significant on the environment pursuant to Public Resources Code Section 21099. This comment will be forwarded to City decision makers as part of the staff report for the Project. Comment L12.5: This comment questions if this is a bargaining chip the developer is using to gain approval for a somewhat smaller project. Response L12.5: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and presents the commenter’s opinion and speculation This comment will be forwarded to City decision makers as part of the staff report for the Project. 27 City Council 26 – 676 10/1/2024 Comment L13: Teresa Saldivar (1 page) Late Comment Letter 28 City Council 26 – 677 10/1/2024 Response to Comment L13: Teresa Saldivar dated August 12, 2024 Comment L13.1: This comment expresses the commenters’ support for the proposed Project as it would attract business to the area and provide new jobs and tax revenue to the City. Response L13.1: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. The Draft SEIR was prepared pursuant to CEQA Statute and the CEQA Guidelines in order to provide a meaningful discussion of the proposed Project and its resulting potential environmental impacts as a means of public disclosure. Thus, no further response is required or provided; however, this comment will be forwarded to all decision makers as part of the Staff Report for the Project. 29 City Council 26 – 678 10/1/2024 Comment L14: Callie Callum (1 page) Late Comment Letter 30 City Council 26 – 679 10/1/2024 Response to Comment L14: Callie Cullum dated August 12, 2024 Comment L14.1: This comment requests that the planning commission limit the size of the buildings within the proposed Project as the area cannot handle the increased volume of people, increased crime and urbanization. Response L14.1: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. As detailed throughout the Draft Supplemental EIR, specifically in Sections 3.0 Project Description, and 5.8 Land Use and Planning, the proposed Project is within the General Plan allowable density for the site. The existing General Plan District Center High (DC-5) land use designation has an allowable density of 125 dwelling units per acre (du/ac) and maximum height of 25 stories, and the proposed development would result in a maximum density of 91 du/ac, which is 34 du/ac below the maximum allowed by DC-5, which was evaluated previously by the City in the GPU FEIR. Therefore, additional demands from buildout of the site have also been cumulatively evaluated as part of buildout of the City. As described in Section 3.0, Project Description, of the Draft SEIR, an administrative Police Department Substation (no transfers or bookings) would be located within the commercial use area of the Project site. The substation would provide space for the expansion of policing services in the southern portion of the City and would provide the ability to quickly respond to emergency calls from within the Project site. The specific location would be determined prior to construction of the first phase of the proposed Project. Also, in Section 5.11, Public Services, it describes that the proposed Project would address typical residential security concerns by providing low-intensity security lighting, security cameras, electronic access to buildings, and onsite security personnel. Pursuant to the City’s existing permitting process, the Police Department would review and approve the final site plans to ensure that the City’s Crime Prevention through Environmental Design (CPTED) measures (General Plan Policy PS-2.1) are incorporated appropriately to provide a safe environment, including areas within parking garages. 31 City Council 26 – 680 10/1/2024 Comment L15: William Taylor (1 page) Late Comment Letter 32 City Council 26 – 681 10/1/2024 Response to Comment L15: William Taylor dated August 12, 2024 Comment L15.1: This comment states that the Project should not be approved based on the traffic impact alone and that there will be a noise and pollution impact based on the project size. The comment states that there is already a lot of congestion in the area and adding units to the area would result in significant delay. The comment states that the area already has adequate grocery stores and restaurants so no more are needed and the area cannot handle that much population density. The comment states that the Project should be rejected. Response L15.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. As discussed in Section 5.1 Air Quality, Emissions from operation of the proposed Project would exceed SCAQMD’s thresholds for NOx and ROG after implementation of existing regulations and mitigation. The majority of NOx emissions are from vehicles and the majority of ROG emissions would be derived from consumer products, neither of which the Project applicant nor the City have the ability to reduce emissions of. Therefore, both NOx and ROG emissions from implementation of the proposed Project would result in both a project level and a cumulatively considerable significant and unavoidable impact. Hence, Impacts AQ-1 and AQ-2 would be significant and unavoidable after mitigation. However, the Project would result in a less than significant localized significance and health risk impact to the nearest sensitive receptors located 130 feet west of the Project site throughout all phases of development with the implementation of General Plan FEIR Mitigation Measures AQ-1 and AQ-2 as well as Project Mitigation Measures AQ-1 through AQ-6. In addition, as discussed in Section 5.9 Noise, noise impacts to the nearest sensitive receptors located 130 feet west of the Project site would be less than significant throughout all phases of development and full buildout of the Specific Plan. Therefore, the Project would not result in significant air quality or noise impacts on nearby residents. Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. This comment will be forwarded to all decision makers as part of the staff report for the Project. 33 City Council 26 – 682 10/1/2024 Comment L16: Pete (2 pages) Late Comment Letter 34 City Council 26 – 683 10/1/2024 35 City Council 26 – 684 10/1/2024 Response to Comment L16: Pete dated August 12, 2024 Comment L16.1: This comment states that the Applicant is proposing funds for low-income housing and other funds for community benefit and that the areas around the Project will be greatly impacted by the Project. The comment states that the commenter feels that the area and City will benefit from sensible development. The comment states that previous development agreements were not delivered as promised (per the attached document). Response L16.1: This comment does not provide substantial evidence of a significant environmental impact or provide any comments on the Draft or Final SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft Supplemental EIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include substantial discussion of the Project’s economic or social effects, such as economic effects related to the development agreement. This comment will be forwarded to City decision-makers as part of the staff report for the Project. Comment L16.2: This comment states that the EIR reports that the traffic will increase in the area by 260 percent and that the Project will make congestion worse. The comment states that portions of Macarthur Boulevard are not ADA compliant and people with disabilities are forced into the streets. The comment states that the flow of construction traffic is not discussed in the EIR and that residents will be impacted by construction trucks, commuters and increased noise, gas emissions, hazards and hazardous wastes. The comment states that the commenter would like to have better details on the mitigation of those effects. The comment asks what the queuing on Macarthur Boulevard for Greenville Fundamental School would look like. Response L16.2: This comment does not provide substantial evidence of a significant environmental impact. The Draft SEIR Section 5.13, Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the Supplemental EIR is not required to analyze impacts related to traffic congestion during construction or operation of the Project. As discussed in Section 5.1, Air Quality, proposed Specific Plan Mitigation Measure AQ-1: Construction Exhaust and Dust Control requires the preparation of a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclist, and other non-truck traffic. As such, the Project would be required to follow a designated construction route to avoid residential areas in the vicinity of the Project. In regard to increased noise, gas emissions, hazards and hazardous waste, the commenter is referred to the Draft SEIR’s discussions in Section 5.1, Air Quality, Section 5.6, Hazards and Hazardous Materials, and Section 5.9, Noise, which include thorough discussions of Project impacts on those topic areas and further analysis of applicable mitigation measures, which would serve to reduce potential impacts. No further response is warranted. 36 City Council 26 – 685 10/1/2024 In regard to queuing on Macarthur Boulevard related to Greenville Fundamental School, the Project site is located over half a mile from the school and would not result in direct queuing impacts to or from the school. Comment L16.3: This comment states that no funds were earmarked within the Community Benefits for improvements to the South Coast Neighborhoods and residents of Ward 4 will be the most affected by the development. The comment states that the commenter would like an oversight committee established to oversee the Development Agreement funds. Response L16.3: This comment does not provide substantial evidence of a significant environmental impact. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of allocation of Development Agreement funds. This comment will be forwarded to City decision makers as part of the staff report for the Project. 37 City Council 26 – 686 10/1/2024 Comment L17: Nhu Ngyen (1 page) Late Comment Letter 38 City Council 26 – 687 10/1/2024 Response to Comment L17: Nhu Nguyen dated August 12, 2024 Comment L17.1: This comment expresses concern over the number of units proposed for the Specific Plan. The comment claims that the area does not have capacity for the potential growth induced from the Project resulting in additional traffic on Bristol Street and Macarthur Boulevard. Response L17.1: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. As detailed throughout the Draft Supplemental EIR, specifically in Sections 3.0 Project Description, and 5.8 Land Use and Planning, the proposed Project is within the General Plan allowable density for the site. The existing General Plan District Center High (DC-5) land use designation has an allowable density of 125 dwelling units per acre (du/ac) and maximum height of 25 stories, and the proposed development would result in a maximum density of 91 du/ac, which is 34 du/ac below the maximum allowed by DC-5, which was evaluated previously by the City in the GPU FEIR. Therefore, additional demands from buildout of the site have also been cumulatively evaluated as part of buildout of the City. Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. This comment will be forwarded to all decision makers as part of the staff report for the Project. In regard to school services, as discussed in Section 5.11 Public Services, the need for additional school facilities is addressed through compliance with school impact fee assessment. SB 50 (Chapter 407 of Statutes of 1998) sets forth a state school facilities construction program that includes restrictions on a local jurisdiction’s ability to condition a project on mitigation of a project’s impacts on school facilities in excess of fees set forth in the Government Code. These fees are collected by school districts at the time of issuance of building permits for commercial, industrial, and residential projects. The existing Santa Ana Unified School District development impact fee is $4.08 per square foot for all new residential development, and $0.66 per square foot for new commercial development. Pursuant to Government Code Section 65995 applicants pay developer fees to the appropriate school districts at the time building permits are issued; and payment of the adopted fees provides full and complete mitigation of school impacts. As described in Section 3.0, Project Description, of the Draft SEIR, an administrative Police Department Substation (no transfers or bookings) would be located within the commercial use area of the Project site. The substation would provide space for the expansion of policing services in the southern portion of the City and would provide the ability to quickly respond to emergency calls from within the Project site. The specific location would be determined prior to construction of the first phase of the proposed Project. Also, in Section 5.11 Public Services, it describes that the proposed Project would address typical residential security concerns by providing low-intensity security lighting, security cameras, electronic access to buildings, and onsite security personnel. Pursuant to the City’s existing permitting process, the Police Department would review and approve the final site plans to ensure that the City’s Crime Prevention 39 City Council 26 – 688 10/1/2024 through Environmental Design (CPTED) measures (General Plan Policy PS-2.1) are incorporated appropriately to provide a safe environment, including areas within parking garages. 40 City Council 26 – 689 10/1/2024 Comment L18: Lisa Lacey (1 page) Late Comment Letter 41 City Council 26 – 690 10/1/2024 Response to Comment L18: Lisa Lacey dated August 12, 2024 Comment L18.1: This comment states that the proposed Project would result in additional congestion and displace current businesses. Response L18.1: Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. This comment will be forwarded to all decision makers as part of the staff report for the Project. Regarding the displacement of businesses, CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft Supplemental EIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include substantial discussion of the Project’s economic or social effects, including the displacement of businesses. 42 City Council 26 – 691 10/1/2024 Late Comment L19: Micheal J. Hixson (1 page) Late Comment Letter 43 City Council 26 – 692 10/1/2024 Response to Comment L19: Michael J. Hixson dated August 12, 2024 Comment L19.1: This comment letter offers the commenter’s support of the proposed Project as the Specific Plan would result in an upgrade of the existing commercial uses that would enhance the entire area. Response to Comment L19.1: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. The Draft SEIR was prepared pursuant to CEQA Statute and the CEQA Guidelines in order to provide a meaningful discussion of the proposed Project and its resulting potential environmental impacts as a means of public disclosure. Thus, no further response is required or provided; however, this comment will be forwarded to all decision makers as part of the Staff Report for the Project. 44 City Council 26 – 693 10/1/2024 Comment Letter L20: Catherine Creech (2 pages) Late Comment Letter 45 City Council 26 – 694 10/1/2024 46 City Council 26 – 695 10/1/2024 Response to Comment L20: Catherine Creech dated August 12, 2024 Comment L20.1: This comment letter was provided by the applicant team includes an attached letters of support from a mix of residents, local and civil organizations, nonprofits, business and regional stakeholders. Response to Comment L20.1: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. The Draft SEIR was prepared pursuant to CEQA Statute and the CEQA Guidelines in order to provide a meaningful discussion of the proposed Project and its resulting potential environmental impacts as a means of public disclosure. Thus, no further response is required or provided; however, this comment will be forwarded to all decision makers as part of the Staff Report for the Project. The letters of support included in the commenter letter have been included in this FEIR as Attachment A. 47 City Council 26 – 696 10/1/2024 Comment L21: Larry Rein (3 pages) Late Comment Letter 48 City Council 26 – 697 10/1/2024 49 City Council 26 – 698 10/1/2024 50 City Council 26 – 699 10/1/2024 Response to Comment L21: Larry Rein, dated August 12, 2024 Comment L21.1: This comment states that the Project will have a major impact on the character and nature of the neighborhood and the commenter believes that additional public input is needed. The comment states that the commenter has only attended the first Sunshine Meeting and has not attended any others are they were unaware of them. The comment states that the commenter has just scanned the environmental documents. Response L21.1: This comment does not provide substantial evidence of a significant environmental impact or provide any comments on the Draft or Final SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft Supplemental EIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include substantial discussion of the Project’s economic or social effects, such as economic effects related to the character and nature of the community. This comment will be forwarded to City decision-makers as part of the staff report for the Project. Comment L21.2: This comment states that the notice was sent to those who live within 1,000 feet of the Project, which is not adequate. The comment states that the hearing should be pushed back two weeks. Response L21.2: This comment does not provide substantial evidence of a significant environmental impact or provide any comments on the Draft or Final SEIR. The commenter erroneously states the notice of public hearing was provided to a 1,000-foot radius. The notice of public hearing was sent to a 2,000-foot radius and included both owners and occupants. As such, adequate notice was provided to surrounding residents pursuant to the City Municipal Code and a continuation of the public hearing is not warranted. Comment L21.3: This comment states that the Project would result in a large amount of residents and asks how the density compares to developments around Anaheim Stadium. The comment asks if future population growth will support the development given the outmigration from California. Response L21.3: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. As detailed throughout the Draft Supplemental EIR, specifically in Sections 3.0 Project Description, and 5.8 Land Use and Planning, the proposed Project is within the General Plan allowable density for the site. The existing General Plan District Center High (DC-5) land use designation has an allowable density of 125 dwelling units per acre (du/ac) and maximum height of 25 stories, and the proposed development would result in a maximum density of 91 du/ac, which is 34 du/ac below the maximum allowed by DC-5, which was evaluated previously by the City in the GPU FEIR. Therefore, additional demands from buildout of the site have also been cumulatively evaluated as part of buildout of the City. In regard to future population growth, CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft Supplemental EIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include substantial discussion of the Project’s economic or social effects, such as outmigration from California and future population trends. This comment will be forwarded to City decision-makers as part of the staff report for the Project. Comment L21.4: This comment provides concerns regarding overflow parking and states that improvements are needed to the local freeway exits if rush hour traffic is added and requests the City talk to Caltrans and OCTA about this. The comment requests that sidewalks are built and that the commenter 51 City Council 26 – 700 10/1/2024 was not impressed with traffic ingress and egress. The comment states that bus convenience has not been adequately addressed. The comment also states that mitigation should be required if windy day flight patterns are affected and additional air traffic occurs over single family homes. The comment further states that more electric charging stations are needed and the local electrical grid probably needs improvements. Response L21.4: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and presents the commenter’s opinion. The Project proposes a mixed-use infill development located in a TPA on an urban and developed site in the City of Santa Ana. As discussed in Section 5.13, Transportation, the City of Santa Ana Traffic Impact Study Guidelines Appendix A identifies that the Project site is located within a TPA. The Project area is served by six OCTA routes: Routes 55, 57, 76, 86, 150, and 553. Specifically, OCTA Route 57 serves as a high-quality bus stop with headways of 15 minutes or less during weekday peak commute hours. OCTA Bus Route 553 connects to the Anaheim Regional Transportation Intermodal Center and OCTA Bus Route 86 connects to the Irvine Train Station. In addition, as shown on Figure 5.13-3 of the Draft SEIR, SCAG identifies that the Project site is within a High Quality Transit Area. As such, the proposed Project is located on an infill site within a TPA as defined under Public Resources Code Section 21099. Thus, the proposed Project’s parking impacts are not considered significant on the environment pursuant to Public Resources Code Section 21099. This comment will be forwarded to City decision makers as part of the staff report for the Project. The commenter provides no substantial evidence regarding impacts to Caltrans facilities. Regarding traffic safety, a queueing analysis was conducted for the Project site as part of a supplemental traffic analysis (as provided in Appendix A to this Final Supplemental EIR), which determined that the Project would result in adequate storage capacity for the Caltrans on- and off-ramps. At ramps in which the queueing exceeds the storage provided, spillover queues can be accommodated upstream of the turn pockets. Summaries of the results are provided in Tables 8, 9, 10, 11, 12, 13 and 14 of the supplemental traffic analysis (as provided in Appendix A to the Final SEIR), which shows that none of the analysis scenarios would result in the potential for spill beyond the designated storage lane with the exception of the Year 2045 scenario for the Bear Street at the SR-73 northbound ramp. However, this potential spill beyond the designated storage lanes would also occur without the addition of the Project in year 2045. As such, the Project would not cause a potential safety concern at Caltrans intersections. In regard to air traffic concerns, the Draft Supplemental EIR provides a comprehensive discussion related to the FAA FAR Part 77 Horizontal Obstruction Imaginary Surface for SNA. In Section 5.6, Hazards and Hazardous Materials, on page 5.6-3, it is described that FAA FAR Section 77.17 (Obstruction Standards) states that an object could be an obstruction to air navigation if it is higher than 200 feet above ground level or the 100:1 imaginary surface and therefore, requires notification to FAA (per FAR Part 77). As detailed on page 5.6-7, the Orange County AELUP states that an object that would be constructed within the height restriction or imaginary surface area of the airport is not necessarily incompatible but would be subject to FAA notification and an FAA aeronautical study to determine whether the proposed structures would constitute a hazard to air navigation or would affect the operation of the airport. On page 5.6-12 of the Draft Supplemental EIR it is described that the Project site is located within the 206-foot-high imaginary surface area for SNA, which is shown on Figure 5.6-4; and therefore, FAA notification for the proposed Project would be required. Draft Supplemental EIR Figure 5.6-4 identifies the South Bristol Street Focus Area and the Project site’s location within the SNA Horizontal Surface Elevation of 206 feet AMSL. This information is also provided in Section 5.8, Land Use and Planning, on page 5.8-18 within the discussion of height restrictions. Page 5.6-27 of the Draft Supplemental EIR states that the tallest point on the buildings would be approximately 285 feet above the existing ground level, which is approximately 30 feet above sea level. Thus, the top of the tallest point on the buildings would be approximately 315 feet above sea level. It is 52 City Council 26 – 701 10/1/2024 further described that because the Project site is located 1.4 miles northwest of SNA and is not within the Airport’s safety zone, the proposed Project would not result in a safety hazard. However, as shown on Figure 5.6-1, the Project site is located within the 206-foot-high imaginary surface area for SNA, and the proposed Project may include structures of 25 stories that would extend to approximately 315 feet above sea level. Therefore, FAA notification and study of the proposed Project structures above 206-feet high is required. In regard to additional electric vehicle chargers, pursuant to Mitigation Measure GHG-2, the Project would be required to provide facilities to support electric charging stations per the Tier 2 standards in Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the 2022 CALGreen Code. In regard to electric infrastructure, the GPU FEIR determined that increased electricity demands at full buildout are within the forecasted demand in Southern California Edison’s service area; therefore, impacts would be less than significant. As the Project is within the forecasted growth analyzed by the GPU FEIR, there is adequate electric infrastructure within the vicinity of the Project. Comment L21.5: This comment states that the whole neighborhood will be impacted by the loss of the current businesses and the development should coordinate with the adjacent Segerstrom development. The comment states that the base elevation for the site does not need to match the existing and that would reduce the amount of overexcavated materials. The comment states that a better solution to drainage would be to construct percolation wells for groundwater recharge and that pavement materials should be recycled. Response L21.5: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and presents the commenter’s opinion on potential additional improvements. This comment will be forwarded to City decision-makers as part of the staff report for the Project. Comment L21.6: This comment provides comments and questions on the proposed resolutions for the Planning Commission Hearing item for the Project and reiterates previous comments. Response L21.6: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and is conclusionary in nature. This comment will be forwarded to City decision-makers as part of the staff report for the Project. 53 City Council 26 – 702 10/1/2024 Comment Letter L22: Douglas Richardson (1 page), Late Comment Letter City Council 26 – 703 10/1/2024 Response to Comment L22: Douglas Richardson dated August 12, 2024 Comment L22.1: This comment states that the commenter is against the proposed Project due to the Projects size and scope, length of time to complete, the upending of residents and businesses, and environmental impacts. Response L22.1: The comment does not provide substantial evidence of a significant environmental impact or the need to recirculate the Draft Supplemental EIR. A general response to a general comment is sufficient. (Browning-Ferris Indus. v. City Council (1986) 181 Cal.App.3d 852, 862.) The Draft Supplemental EIR provides an accurate and thorough analysis of all of the Project’s potential environmental impacts pursuant to CEQA. As discussed throughout the Draft Supplemental EIR, mitigation measures would be required for impacts related to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, and tribal cultural resources as these impact areas are potentially significant after the imposition of existing regulations and standards conditions. As detailed throughout the Draft Supplemental EIR, specifically in Sections 3.0 Project Description, and 5.8 Land Use and Planning, the proposed Project is within the General Plan allowable density for the site. The existing General Plan District Center High (DC-5) land use designation has an allowable density of 125 dwelling units per acre (du/ac) and maximum height of 25 stories, and the proposed development would result in a maximum density of 91 du/ac, which is 34 du/ac below the maximum allowed by DC-5, which was evaluated previously by the City in the GPU FEIR. Therefore, additional demands from buildout of the site have also been cumulatively evaluated as part of buildout of the City. The commenter incorrectly states that residents would be relocated due to implementation of the proposed Project, however there are currently no residents located within the Project site. City Council 26 – 704 10/1/2024 Comment L23: Jennifer Richardson (1 page) late Comment Letter City Council 26 – 705 10/1/2024 Response to Comment L23: Jennifer Richardson, dated August 12, 2024 Comment L23.1: This comment states that the commenter is against the proposed Project due to the Projects size and scope, length of time to complete, and environmental impacts. Response to Comment L23.1: The comment does not provide substantial evidence of a significant environmental impact or the need to recirculate the Draft Supplemental EIR. A general response to a general comment is sufficient. (Browning-Ferris Indus. v. City Council (1986) 181 Cal.App.3d 852, 862.) The Draft Supplemental EIR provides an accurate and thorough analysis of all of the Project’s potential environmental impacts pursuant to CEQA. As discussed throughout the Draft Supplemental EIR, mitigation measures would be required for impacts related to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, and tribal cultural resources as these impact areas are potentially significant after the imposition of existing regulations and standards conditions. Comment L23.2: This comment urges the City to reject the Project due to the significant and unavoidable impacts, especially those regarding air quality impacts. Response to Comment L23.2: The comment does not provide substantial evidence of a significant environmental impact or the need to recirculate the Draft Supplemental EIR. Ultimately, it is up to the City to determine what the Project benefits are and if they would outweigh any potential significant and unavoidable impacts. In accordance with CEQA Section 21081(b) and CEQA Guideline Section 15093, in order to approve the Project, the City is required to determine that the unavoidable adverse environmental impacts identified above may be considered acceptable due to specific considerations which outweigh the unavoidable, adverse environmental impacts of the Project. If the City approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the City shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The Statement of Overriding Considerations (SOC) shall be supported by substantial evidence in the record. If the City decides to approve the project and makes a SOC, the statement will be included in the record of the project approval and will be mentioned in the notice of determination. Per Public Resources Code § 21002.1 (a), the purpose of an environmental impact report is to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided.” Therefore, the Draft Supplemental EIR is not intended to serve as the justification for adopting a SOC or as basis for the approval or denial of the Project, but to disclose the environmental consequences of approving the Project and a SOC. Through the public hearing process, the decision-makers within the City will take into consideration the environmental impacts caused by the Project in if it decides to approve the Project, a SOC will be required. The SOC is included as Exhibit 1 to the Staff Report. City Council 26 – 706 10/1/2024 Comment L24: Sally Day (1 page) Late Comment Letter City Council 26 – 707 10/1/2024 Response to Comment L24: Sally Day, dated August 12, 2024 Comment L24.1: This comment states that the proposed Project would result in traffic congestion in the area. Response to Comment L24.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. This comment will be forwarded to all decision makers as part of the staff report for the Project. City Council 26 – 708 10/1/2024 Comment L25: Katherine Freeman (1 page) Late Comment Letter City Council 26 – 709 10/1/2024 Response to Comment L25: Katherine Freeman, dated August 12, 2024 Comment L25.1: This comment expresses a concern for heavy construction trucks traveling from the 55 freeway off ramp on Dyer Road which turns onto Segerstrom Avenue. Response to Comment L25.1: This comment does not provide substantial evidence of a significant environmental impact. As discussed in Section 5.1, Air Quality, proposed Specific Plan Mitigation Measure AQ-1: Construction Exhaust and Dust Control requires the preparation of a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclist, and other non-truck traffic. As such, the Project would be required to follow a designated construction route to avoid residential areas in the vicinity of the Project. City Council 26 – 710 10/1/2024 Letters of Support On behalf of Related Bristol, we sincerely appreciate all of the stakeholders who have taken the time and effort to participate in our community outreach process. We have been greatly encouraged that the Project has been well-received and express sincere gratitude to our supporters who share our vision and aspirations for Related Bristol, Santa Ana, and Orange County. Key Supporters Include: Business Organizations & Companies Existing Metro Town Square Retail Tenants• • • • Santa Ana Chamber of Commerce Travel Santa Ana • • • • • • Albertson's/Von's Hans’ Homemade Ice Cream The Boiling CrabOrange County Business Council Orange County Hispanic Chamber of Commerce Grounded Planet, Inc. Wang Cho BBQ• • • • Apartment Association of Orange County California Apartment Association Octane South Coast Pediatric Dentistry Neighborhood Associations, Community Groups, and IndividualsS&A Management •G7 Neighborhood Leaders Alliance (represents leadership of 17 city neighborhood associations) Lee DeLeon, President and Founder of Templo Calvario church Nonprofit Organizations • • • Hope Builders Goodwill of Orange County Girl Scouts of Orange County (Santa Ana Chapter) • • • • • • • Sal Tinajero• • • • • Frida Theater & DTSA ArtWalk Kidworks Jeffrey Katz (Floral Park) Irma Jauregui (Wilshire Square) Michael Hixson (Sandpointe) Timothy Rush (Wilshire Square) Pam and Larry Marshburn (South Coast Shores) Orange County United Way Mater Dei High School Cristo Rey Orange County High School (Santa Ana) • • • • • • Maurizio Bertoldi (South Coast Shores) Astrid and Michal Collins (Metro Classic) Katherine Freeman (Republic Homes) Elizabeth Hansburg, People for Housing Kevin Ting, Santa Ana resident Hundreds of other individuals City Council 26 – 711 10/1/2024 Dave Elliott, President & CEO, Santa Ana Chamber of Commerce Dear Commissioners or Councilmembers, My name is David Elliott, President & CEO of the Santa Ana Chamber of Commerce. On behalf of the Chamber, its Board of Directors and 400-plus business and community members, I’m proud to extend our full support for Related Bristol—a project that fits perfectly with the ethos and identity of Santa Ana as we look forward to growing the future of this great city. At the Chamber, we aim to grow economic opportunity in Santa Ana by representing and attracting a wide range of businesses to the city. Our staff efforts run the gamut, from recruiting to marketing to employee training—and we believe it is working. Our city’s businesses are increasingly diverse and critical to Santa Ana’s bright future, ranging from healthcare and medical devices to manufacturing, retail and hospitality. For that reason, we fully support Related Bristol because of its economic and community benefits. The project will be the single largest private investment in Santa Ana’s 154-year history at nearly $3 billion. Moreover, Related Bristol will generate approximately $10.7 million in annual tax revenue to the city, create 5,900 jobs during construction and 1,700 permanent jobs once the development is completed. Plus, Related Bristol will provide sorely needed housing for professional class families and individuals. It’s the kind of project that has the potential for lasting impact on our city and economy. Approval of Related Bristol will truly create a new destination for community and connection and become a new gateway to our wonderful city. I urge you to support Related Bristol for the benefit of our entire city. Sincerely, Dave Elliott President & CEO, Santa Ana Chamber of Commerce City Council 26 – 712 10/1/2024 Christa Sheehan, Deputy Director, Hope Builders Dear Commissioners or Councilmembers, My name is Christa Sheehan, Deputy Director of Santa Ana-based Hope Builders. In every city in America, it is now a reality: employers lack a reliable pipeline for middle-skill jobs. Closer to home, Orange County companies are constantly seeking access to skilled talent— with the need growing every year. At Hope Builders, established nearly three decades ago by the Sisters of St. Joseph of Orange, we believe the young adults needed to fill these opportuniIes are right here in our own backyard. They simply need a hand up and the proper training and mentorship to navigate a pathway to rewarding work, self-esteem and a future career. Since 1995, Hope Builders has transformed the lives of 6,000 individuals mostly from challenged and troubled backgrounds by training and equipping them with job and life skills to graduate and secure lasIng employment. The results, I’m proud to share, have been profound: 97% of our trainees are hired upon graduaIon and 80%, on average, retain employment. This is a remarkable human success story for the graduates and their families right here in Santa Ana, where the need for our program has never been greater. It is why Hope Builders is excited about Related Bristol and the transformaIve opportunity it presents to our community and especially our trainees. If approved and built, this visionary project with its mix of housing, retail, senior living and a hotel will create 7,600 construcIon and permanent jobs. As important, the developer, Related California, has commiWed to locally hire a minimum of 10% of the construcIon labor and acIvely market to Hope Builders and other local vocaIonal programs. Related and Hope Builders are already underway in discussions on how to collecIvely implement and maximize these local hiring and acIve market efforts together moving forward. Hope Builders exists to unlock the greatness of young adults. Many of them have only known poverty, drugs, gangs, abuse and broken homes. Related Bristol won’t solve these deeply rooted societal issues, however it will provide opportunity and opImism right here in Santa Ana where nearly 80% of our graduates have grown up. City Council 26 – 713 10/1/2024 Please join Hope Builders and say “yes” to Related Bristol and the overwhelming impact it will bring to our great city. Sincerely, Christa Sheehan Deputy Director, Hope Builders City Council 26 – 714 10/1/2024 City Council 26 – 715 10/1/2024 September 29, 2023 euben Franco, CEO & President, Orange County Hispanic Chamber of Commerce Dear C ommissioners or Councilmembers, Nearly four decades ago, the Orange County Hispanic Chamber of Commerce was established to serve the region’s rapidly growing number of Hispanic-owned businesses. Today, I am honored to be the CEO and president of the Chamber that represents and serves Orange County’s 30,000 Hispanic-owned companies and businesses by providing opportunities for networking, access to capital, education, training programs and legislative advocacy. Santa Ana by virtue of its rich history, location in the heart of Orange County and large Hispanic population, has always been a vitally important city in our efforts to bring more opportunities to those businesses and their employees we represent. Related Bristol is a special kind of mixed-used development that marries the best of what we advocate for: local investment in the community, significant job creation and access to new opportunities and experiences for all individuals. The project will be the single largest private investment at $3 billion in Santa Ana’s 154-year history. Creating 7,600 new jobs and delivering $10.7 million in annual tax revenue is a game changer for Santa Ana as well as those businesses and individuals who will work at project during construction or once it is completed. Add to all of this the Related’s commitment to hire locally where possible and the project stands to set a new standard for development in Santa Ana. Beyond the impressive economic benefits, Related Bristol will create what every thriving city needs, a new destination where people go to build community and learn about other cultures. This development on south Bristol Street in the South Coast Metro area will become a new gateway into Santa Ana, a city continuing to emerge as central hub of employment, new business and growth in our county. The OCHCC is proud to support Related Bristol, and I humbly ask that you join us. Sincerely, CEO & President Orange County Hispanic Chamber of Commerce Mailing Address: 27762 Antonio Pkwy Suite L1-463 Ladera Ranch, CA 92694 www.ochcc.org (714) 953-4289 Office Address: The Cove @ UCI UCI Beall Applied Innovation 5270 California Avenue Irvine, CA 92697 City Council 26 – 716 10/1/2024 City Council 26 – 717 10/1/2024 October 11, 2023 Dear Commissioners or Councilmembers, Since the founding of the Girl Scouts movement more than a century ago, our focus has been on empowering girls to become leaders in their communities by equipping them with critical life skills through exploration and confidence-building activities. Whether visiting a local animal shelter, performing community service, filming a movie, or camping outdoors, Girl Scouts learn to take risks and trust their instincts while working with others. In Santa Ana, the Girl Scouts are making a difference. In fact, this past year alone, more than 1,500 girls from elementary to high school were part of a neighborhood troop – a record in the city. Girl Scouts also opened a new brick-and-mortar office near downtown Santa Ana to provide more local access to program services and much- needed space for the girls and troop leaders to hold weekly gatherings. However, the organization’s future growth will not happen fast enough without more conveniently located meeting spaces in this city. Council Headquarters 9500 Toledo Way, Suite#100 Irvine, CA 92618 P: 949-461-8800 girlscoutsoc.org The need for Girl Scouts and their mentoring and leadership services in the county’s second-largest city is unquestioned. However, the acute shortage of safe and secure places to hold meetings and activities that are walkable or near public transportation for young girls and their families is a challenge. Related Bristol’s proposed development in south Santa Ana begins to address this challenge and offers real hope for the Girl Scouts and numerous other local groups. The developer plans to include a community center in its new mixed-use project for use by nonprofits, neighborhood associations, civic groups, and service organizations. The mix of residential, shops, services, restaurants, and open space would make the Related Bristol development project an ideal location for the Girl Scouts to continue growing its essential presence in Santa Ana. Please join us in supporting projects like these to address a community need. Sincerely, Dr. Vikki Shepp Chief Executive Officer Girl Scouts of Orange County Girl Scouts of Orange County City Council 26 – 718 10/1/2024 City Council 26 – 719 10/1/2024 Wendy Haase, President & CEO, Travel Santa Ana Dear Commissioners or Councilmembers, My name is Wendy Haase, president and Chief Executive Officer of Travel Santa Ana. As founder of this organization in 2021, I believe deeply in our city as a highly desirable Orange County destination for business, leisure, meetings, sports and group travel. Centrally located and easy to access by car, train and air, Santa Ana has tremendous potential to grow as a travel and visitor market. To reach that full potential, Santa Ana needs to continue adding exciting, new destinations to its existing mix of attractions. If built, Related Bristol can very quickly become part of Santa Ana’s growing allure as a place to visit for fun, hold business gatherings or simply live within walking distance of the office or a short drive to a multitude of unique activities. It will attract locals and visitors alike to the planned mix of unique shops, cafes and wide range of dining options at all price points planned for Related Bristol that will reflect the region’s diversity and history. As Santa Ana’s primary tourism promotion organization dedicated to creating long-term economic growth for the city, I belief this type of project will set the standard for future development along the Bristol Street Corridor as well as across the city. It will contribute greatly to the city’s efforts to bring more positive attention—and significant sales and hotel bed tax revenues—to Santa Ana as we compete in our highly competitive Orange County market for leisure and business travelers. Travel Santa Ana looks forward to all the incredible opportunities this project will bring to our city. Please join me in saying “Yes” to Related Bristol. Thank you, Wendy Haase President & CEO Travel Santa Ana City Council 26 – 720 10/1/2024 September 26, 2023 Dear Commissioners and Councilmembers, As President and CEO of Goodwill of Orange County, I am delighted to share my support and enthusiasm for the Related Bristol development in south Santa Ana. For nearly 100 years in our community, Goodwill has been commiꢀed to train people for meaningful jobs in a variety of industries, including retail sales, custodial services, maintenance, hospitality and more. Related Bristol will generate 7,600 new jobs, including 1,600 permanent jobs once the mixed-use project is complete. These will be much needed local hiring opportuniꢁes for our job training graduates, who leave our program in search of employment and a chance to secure what we all seek in life: economic independence and a beꢀer quality of life. Related Bristol will also transform two-city blocks of our city, replacing an aging and increasingly vacant shopping center into a vibrant new desꢁnaꢁon for families and friends to connect, explore new cultures and build community, opportuniꢁes we all seek more of in our busy lives. Through the years, Goodwill’s ability to impact and improve lives has been built on creaꢁng meaningful connecꢁons between people, and Related Bristol, as envisioned, will become a place for individuals to meet and socialize with others in a safer and more appealing environment. As a Santa Ana-based nonprofit, with its corporate headquarters, a naꢁonally-recognized veteran’s services center and seven retail stores all located in the city, we care deeply about Santa Ana’s future. Related Bristol is the type of opportunity and future neighbor we need more of in our great city. Please ensure our community does not miss out on this tremendous opportunity to improve our economy and quality of life in Santa Ana. I urge you to approve Related Bristol. Thank you, Nicole Suydam President & CEO Goodwill of Orange County City Council 26 – 721 10/1/2024 January 18, 2024 Dear Commissioners or Councilmembers, My name is Scott Melvin, Vice President of School Relations at Mater Dei High School. For nearly 75 years, Mater Dei High School has been proud to call Santa Ana its home. From its humble beginnings with 111 students in 1950 to the nationally recognized high school it is today with approximately 2,000 students, our leadership has enthusiastically embraced this city. We understand our success as a leading Catholic college preparatory school is inextricably tied to the positive growth of this city as an economic, cultural and social center of Orange County. It is why we are excited about opportunities like the transformational mixed-use project Related Bristol in South Santa Ana just a few blocks from our campus on South Bristol Street. Related Bristol is unprecedented in its vision and scale, and it will most certainly become the type of vibrant destination Mater Dei students and their families as well as faculty, alumni and our legions of supporters will frequent often and point to as evidence of Santa Ana’s forward thinking and approach to smart, urban planning. Related Bristol will generate approximately $10.7 million in annual tax revenue for city use on a wide spectrum of projects and initiatives, and it will create 7,500 new jobs while serving as a catalyst to attract future positive investments in our city. Equally important, nearly one-third of the proposed 41-acre Related Bristol site be will actively programmed open space for recreation, live musical and theatrical entertainment, art shows, seasonal events, craft fairs and farmer’s markets. These 13 acres of open space (about the equivalent of 12 football fields) is truly a game-changer in a historic city where park space for outdoor and leisure activities is sorely needed. Approval of Related Bristol will truly create a new destination for community and connection in a city we have long embraced. As an institution that cares deeply about Santa Ana’s future, I urge you to support Related Bristol for the benefit of our entire city. Sincerely, Scott Melvin Vice President of School Relations, Mater Dei High School City Council 26 – 722 10/1/2024 City Council 26 – 723 10/1/2024 RE: Letter of Support for Related Bristol October 9, 2023 Dear Commissioners & Councilmembers, My name is Bill Carpou, Chief Executive Officer of Octane. As a nonprofit business organization, our mission is to connect people, resources and capital to help create 55,000 new high-paying jobs in the Orange County region by 2030, particularly in the rapidly expanding technology and medical technology sectors. Since our initiative’s launch in 2010, we have achieved more than 50% of that ambitious goal creating about 28,000 high-paying jobs, including many in greater Santa Ana. However, attracting this skilled labor force, including engineers, software programmers, and computer system analysts to fill these critical job opportunities remains a challenge. A shortage of quality housing with sustainable and environmentally-friendly features desired today by younger job seekers is hampering recruiting efforts by many companies. The housing that does exist or has been built recently does not follow an urban model for individuals who desire a walkable location and less reliance on cars to access everyday services, shops, restaurants, entertainment and recreation. They are seeking a vibrant community that matches their lifestyle whether working remotely, socializing with friends and colleagues or simply meeting new people. Related Bristol is the type of mixed-use development Octane believes can attract and retain the skilled labor pool needed to help drive our local economy. Santa Ana sits squarely in the heart of Orange County, benefitting from easy access to major freeways, commuter trains and one of the best regional airports in the nation. As a result, more companies want to relocate and expand their footprint in the area. Related Bristol will undoubtedly become a centerpiece to the region’s economic success story because it will deliver the housing and lifestyle amenities many individuals seek today. We are excited to support Related Bristol and we hope you will share our enthusiasm by supporting this visionary development. Sincerely, Bill Carpou Chief Executive Officer Octane 4041 MacArthur Blvd, Suite 260 Newport Beach, CA 92660 info@octaneoc.org 949 459 3366 Learn more at octaneoc.org City Council 26 – 724 10/1/2024 LOGAN CROW EXECUTIVE DIRECTOR 323-428-7411 logan@thefridacinema.org 305 E. 4th Street #100 Santa Ana, CA 92701 Esteemed Commissioners, My name is Logan Crow, and I am the Executive Director of The Frida Cinema, a 501(c)(3) nonprofit arts organization and movie theater located in Downtown Santa Ana. At the beginning of 2023, The Frida Cinema proudly took the reins of Santa Ana’s beloved monthly community cultural event, the DTSA First Saturday ArtWalk. As an organization dedicated not only to the cinematic arts, but to the larger conversation of the sharing, support of, and education of the arts at large, taking on and growing this initiative has been incredibly rewarding to our organization, as we deeply value our role and responsibility as one of so many organizations who dedicate themselves to advancing Santa Ana’s legacy as a vibrant home and destination for artists and arts enthusiasts, brimming with creative souls, galleries large and small, arts educational institutions, and fellow nonprofits who dedicate themselves to the arts. When we reached out for partnership support for the ArtWalk program, the Related Bristol development in south Santa Ana was one of the first entities to answer the call. Curious to learn more, I took the initiative to visit their offices, and was provided with an extensive and detailed overview of their vision, of which I would like to communicate my deep and enthusiastic excitement and support. It was hard not to imagine the incredible opportunities their plans for art exhibits, live entertainment, outdoor cinema nights, craft fairs, and public art displays would provide for our community of artists, as well as the opportunities for repose and recreation that would be provided by their parks and open-air plazas. And I was so impressed that their team was welcoming these introductions and conversations with organizations such as The Frida so early in what I am sure will be a very long process. I believe the arts are food for the soul, and in our bustling and chaotic world, the soul is often overlooked. As has been evidenced extensively, the arts are also an economic engine for local economies, as they attract adventurous souls who in turn support and engage with local businesses, helping to create the sort of landscape which fosters an increased sense of belonging and safety among residents. The arts connect, enrich, transform, and build communities. I am nothing but supportive of a development so keenly invested in ensuring that community access to the arts, and support of local artists and arts institutions, is a core paradigm of their model. I hope you will join me and support Related Bristol. Most sincerely, Logan Crow Executive Director, The Frida Cinema THEFRIDACINEMA.ORG Established February 21, 2014 as a 501(c)(3) nonprofit arts organization dedicated to enriching, connecting, and educating communities through the art of cinema. City Council 26 – 725 10/1/2024 1902 W. Chestnut Avenue Santa Ana, CA 92703 Office: 714.834.9400 Fax: 714-834-9494 www.kidworksoc.org Dear Commissioners or Councilmembers, I am a longtime resident of the great City of Santa Ana. I believe in our city and its bright future. Today, through my role at KidWorks, I have the privilege every day of supporting youth from underserved Santa Ana neighborhoods as they stretch themselves and grow to become young leaders. At KidWorks, we believe every child is born with unique gifts and talents. Our youth are able use their talents to ultimately impact the world and create meaningful, lasting change in their community. From pre-kindergarten thru college, KidWorks guides students step-by-step to help them develop into confident, self-reliant adults who are equipped for the professional world and are motivated to give back. Since KidWorks was established 30 years ago, thousands of Santa Ana students have successfully participated in our programs. The results are inspiring: nearly 100% of the KidWorks students graduate high school on time and go on to college, and 98% are grounded in the belief that they are equipped to face life’s challenges. Our success in large part is due to having committed community partners who believe in the mission and future of our organization, as well as the potential of our great city. Related California is one of those corporate believers and they are different than other real estate developers who build a project and then move on. Related is a long-term owner, who invests in their communities for the long run and takes pride in being a true community partner. I have witnessed this through their work in the Lacy Neighborhood and their housing development there a number of years ago. Related’s genuine understanding of its role and opportunity to improve the quality of life for all Santa Ana residents and their track record of providing mixed-income housing, is why I support their proposed Related Bristol redevelopment project in south Santa Ana. It will deliver remarkable economic benefits, including 7,600 new jobs and millions of dollars in annual tax revenue to the city for needed projects citywide. But just as impactful, Related will remain a long-term community partner because it is what they have done and will continue to do as the largest developer of mixed income housing California, including two affordable projects right here in Santa Ana. Santa Ana needs more partners like Related, which is why I support Related Bristol and encourage you to do the same. Thank you, David Benavides Executive Director/CEO ______________________________________________________________________________ KidWorks…We Unleash Youth Potential City Council 26 – 726 10/1/2024 ______________________________________________________________ 525 Cabrillo Park Drive, Suite 125, Santa Ana, CA 92701 Phone: (714) 245-9500 www.AAOC.com November 17, 2023 Santa Ana Planning Commission City of Santa Ana 22 Civic Center Plaza Santa Ana, CA 92701 Dear Commissioners, Orange County has long been one of the most attractive places to live and work in California. Our strong economy, close proximity to freeways and transportation centers, good schools, safe communities, and enviable weather have made this a desirable destination to live, work, play, raise families, invest capital, and locate businesses. However, all of this is at risk from a severe shortage of housing in Orange County, a reality that is challenging communities small and large across California. Experts say the state must double its current rate of housing production to 180,000 units annually to keep up with the expected population growth and demand in coming years. Moreover, all cities, including Santa Ana, are facing state-mandated requirements to plan for new housing – single and multi-family – to accommodate future projected growth. While Santa Ana is one of the few cities in California that has already met or exceeded its existing Regional Housing Needs Assessment (RHNA) allocation by the state, the need for more high-quality housing in Santa Ana, particularly along South Bristol Street where the city’s General Plan calls for higher density residential, should remain a focus and priority for city leaders. Related Bristol is exactly the type of visionary, mixed-use development the city and the region needs going forward. It will significantly benefit Santa Ana in terms of housing with 3,750 new units, it will deliver an expected $10.7 million in annual local tax revenue, and it will create 7,600 new jobs. This is potentially a $3 billion private investment, the largest in the city’s 154-year history, and it would be transformational for Santa Ana and an example of modern, innovative mixed-use development done right. On behalf of the Apartment Association of Orange County, I urge you to support and ultimately approve Related Bristol. Sincerely, David J. Cordero Executive Director City Council 26 – 727 10/1/2024 Fighting for a future of abundant housing in Orange County. peopleforhousing.org Honorable Councilmembers and Commissioners City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 January 20, 2023 Dear Commissioners or Councilmembers, My name is Elizabeth Hansburg, Co-Founder and Director of People for Housing Orange County. Our organization was founded in 2017 with a mission to advocate for more home building in Orange County to end the chronic and growing housing shortage, reduce housing costs and make room for current and future residents. We envision integrated Orange County communities, where every person has access to stable, affordable housing near jobs, community services, and high-quality educational opportunities. Related Bristol is the type of mixed-use redevelopment we need to create more housing opportunities across Orange County. The redevelopment of this aging, 50-year old, auto-oriented shopping center is a rare and unique opportunity to provide new housing in a high quality, infill environment, which is essential given the scarcity of empty, developable land in Orange County. The walkability and live / work possibilities of this urban, mixed use environment helps address issues such as the high cost of traditional residential construction and the very real environmental concerns from a continued heavy reliance on carbon-emitting single-occupancy-vehicles. Projects like Related Bristol are the future of sustainability – both economic and environmental– in today’s urban Orange County. Related Bristol’s mix of new, high-quality rental apartments, particularly for 27- to 50-year-old professionals who want a more walkable lifestyle close to major employers like Edwards Lifesciences, Anduril Defense Systems, Behr Paint and South Coast Plaza in central Orange County is critical. In addition, Related Bristol’s proposed senior continuum of care facility will address a seriously underserved need for more elder services and care as this population continues to remain and age in our local communities. This senior housing in particular provides opportunity for housing filtering, freeing up existing housing stock in adjacent communities for younger families or multigenerational families raising children. 1 City Council 26 – 728 10/1/2024 In sum, Related Bristol will help bridge multiple housing gaps. It is exactly the kind of forward thinking cities like Santa Ana not only need to consider, but embrace to create models of urban design and living for future generations. For these reasons, People for Housing OC strongly supports Related Bristol and urges you to do the same. Best regards, Elizabeth Hansburg Cofounder & Director Fighting for a future of abundant housing in Orange County. peopleforhousing.org 2 City Council 26 – 729 10/1/2024 City Council 26 – 730 10/1/2024 City Council 26 – 731 10/1/2024 City Council 26 – 732 10/1/2024 JEFFREY KATZ 1919 N. Heliotrope Dr. Santa Ana, CA 92706 (714) 296-8309 November 10, 2023 Dear Commissioners or Councilmembers, My name is Jeffrey Katz, a longtime resident of Floral Park in north Santa Ana, and a member of the G7 – an organization of 17 Neighborhood Association leaders in the city. As a resident who cares deeply about Santa Ana and has worked and served on numerous initiatives and organizations to improve the quality of life in our great city, I am writing to strongly urge you to support the Related Bristol mixed-use project along South Bristol Street. Projects of this importance and magnitude do not come along often, with profound economic and community benefits that will impact the entire city for generations, Related Bristol will be a major economic catalyst for our city generating 7,600 new construction and permanent jobs and $10.7 million in annual tax revenue. The total private investment of nearly $3 billion will ultimately be one of the largest in the city’s long history. This is a potential windfall for our city, which needs this type of economic infusion to sustain growth and address the multitude of opportunities and needs facing our city in the years ahead. Equally important, Related Bristol, with its mix of quality housing, shops, everyday services, senior housing and a hotel, will become a reimagined destination, replacing an aging 41-acre shopping center with a smart, sustainable model for future growth. It is the type of development envisioned by city planners and leaders in the General Plan, a more walkable, pedestrian-friendly environment where people and open space are the priority, not cars. Public safety is an issue across our city and a planned police substation at Related Bristol will help improve patrol response times and provide a visible presence to protect and reassure residents and visitors. The project also includes a much needed community center with flexible meeting space to hold neighborhood, nonprofit and civic gatherings. These vital community benefits will serve not just the residents of Related Bristol but those living nearby who want and need these services. City Council 26 – 733 10/1/2024 As a longtime Santa Ana resident of Santa Ana, I can say with confidence Related Bristol is one of those special opportunities I urge you to support and improve. Thank you, Santa Ana Resident and Attorney City Council 26 – 734 10/1/2024 October 16, 2023 Dear Commissioners or Councilmembers, As residents of Santa Ana, we believe Santa Ana is a special city, a place with a long history of influence and importance in the heart of Orange County. We moved here five years ago and bought a home in the Metro Classic neighborhood. We look forward to the potential improvements of amenities in the visionary Related Bristol development to go into our area. With each presentation we heard, our excitement and belief has grown about what the project will become as a community space to gather with friends, play in the park, or dine in the evening. We are excited for the addition of parks, plazas, and green open space, where people, not cars, are the priority. This pedestrian‐friendly village with a mix of shops, grocery store, restaurants, cafes, and outdoor spaces is just a short walk or bike ride for many of us who live in the area. For cycling enthusiasts like us, the landscaped setbacks and protected bike lanes on the major thoroughfares around the project will add to our desire to visit Related Bristol often and safely. A strong sense of community and culture as well as the ability to connect with friends, are important ingredients that contribute to quality of life and to the decision of where we want to live. The thoughtful, inclusive, and sustainable design of the project will greatly enhance the lifestyle and attractiveness of living in south Santa Ana and create a new model for future growth throughout our city. We consider the addition of this development as a major perk to where we live and should increase the value of our home moving forward. As a couple who invested in Santa Ana and simply want the very best for our city in the years ahead, we urge you to support the Related Bristol project. Thank you, Michael Collins TáàÜ|w VÉÄÄ|Çá Astrid and Michael Collins (Metro Classic Neighborhood Residents) 1814 W Moore Ave Santa Ana, CA 92604 swimmc@me.com 949‐338‐6682 City Council 26 – 735 10/1/2024 City Council 26 – 736 10/1/2024 City Council 26 – 737 10/1/2024 City Council 26 – 738 10/1/2024 City Council 26 – 739 10/1/2024 City Council 26 – 740 10/1/2024 City Council 26 – 741 10/1/2024 City Council 26 – 742 10/1/2024 City Council 26 – 743 10/1/2024 City Council 26 – 744 10/1/2024 City Council 26 – 745 10/1/2024 City Council 26 – 746 10/1/2024 City Council 26 – 747 10/1/2024 Thursday, August 17, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Sal Tinajero Email santaanaspeech@gmail.com Address 3304 Aries Ct Santa Ana, CA, 92704 City Council 26 – 748 10/1/2024 ---------- Forwarded message --------- From: Victor D Mendez <vicdmendez@gmail.com> Date: Sat, Nov 11, 2023 at 11:27AM Subject: Support of the Proposed Related Bristol Mixed-use Project To: Amezcua, Valerie <Vamezcua@santa-ana.org>, Phil Becerra City Of Santa Ana Council <pbacerra@santa-ana.org>, Lopez, Jessie <jessielopez@santa-ana.org>, <dpenaloza@santa-ana.org>, Vazquez, Benjamin <bvazquez@santa-ana.org>, Hernandez, Johnathan <JRyanHernandez@santa- ana.org>, Phan, Thai <TPhan@santa-ana.org>, <eComment@santa-ana.org> I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. More importantly, having met the Project Lead for Related Bristol, Mr Steven Oh, I believe he brings the integrity, ethics, professionalism and personal demeanor needed for a project of this size and complexity. Mayor Amezcua raised the concern over falling revenues at the November 7th Council. Her concerns were validated in the Staff budget report presented on November 21st indicating declining revenues in key industries in the City. Furthermore, MainPlace Mall is losing its vitality and is not a competitive venue for consumers. Finally, the residents have expressed little appetite for extending Measure X taxes. It should be patently obvious it can no longer be business as usual in Santa Ana, if we are to maintain our quality of life and services for our residents. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue, which will help fill the forthcoming Measure X Gap. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. I support Related Bristol and urge you to approve this visionary development. Thank you, VICTOR D MENDEZ 2222 East First St.2 City Council 26 – 749 10/1/2024 Monday, August 14, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Irma Jauregui Email irmapj@yahoo.com Address 1305 S Birch Street Santa Ana , CA, 92707 City Council 26 – 750 10/1/2024 Friday, May 5, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Michael Hixson Email mike@cadorealestate.com City Council 26 – 751 10/1/2024 Wednesday, June 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Timothy Rush Email timrush@bhhscaprops.com Address 1225 S Broadway Street, Wilshire Square Santa Ana, CA, CA, 92707 City Council 26 – 752 10/1/2024 City Council 26 – 753 10/1/2024 City Council 26 – 754 10/1/2024 City Council 26 – 755 10/1/2024 City Council 26 – 756 10/1/2024 City Council 26 – 757 10/1/2024 City Council 26 – 758 10/1/2024 City Council 26 – 759 10/1/2024 City Council 26 – 760 10/1/2024 City Council 26 – 761 10/1/2024 City Council 26 – 762 10/1/2024 City Council 26 – 763 10/1/2024 City Council 26 – 764 10/1/2024 City Council 26 – 765 10/1/2024 City Council 26 – 766 10/1/2024 City Council 26 – 767 10/1/2024 City Council 26 – 768 10/1/2024 City Council 26 – 769 10/1/2024 City Council 26 – 770 10/1/2024 City Council 26 – 771 10/1/2024 City Council 26 – 772 10/1/2024 City Council 26 – 773 10/1/2024 City Council 26 – 774 10/1/2024 City Council 26 – 775 10/1/2024 City Council 26 – 776 10/1/2024 City Council 26 – 777 10/1/2024 City Council 26 – 778 10/1/2024 City 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10/1/2024 City Council 26 – 904 10/1/2024 City Council 26 – 905 10/1/2024 City Council 26 – 906 10/1/2024 City Council 26 – 907 10/1/2024 City Council 26 – 908 10/1/2024 City Council 26 – 909 10/1/2024 City Council 26 – 910 10/1/2024 City Council 26 – 911 10/1/2024 City Council 26 – 912 10/1/2024 City Council 26 – 913 10/1/2024 City Council 26 – 914 10/1/2024 City Council 26 – 915 10/1/2024 City Council 26 – 916 10/1/2024 City Council 26 – 917 10/1/2024 City Council 26 – 918 10/1/2024 City Council 26 – 919 10/1/2024 City Council 26 – 920 10/1/2024 Tuesday, December 12, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Karen Hulen Email karenlynhulen13@gmail.com Address 6281 Pacific Pointe Drive Huntington Beach, CA, 92648 City Council 26 – 921 10/1/2024 Sunday, December 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Brian Altamirano Email brianaltamirano.business@gmail.com Address 2808 S Baker St. APT D Santa Ana, CA, 92707 City Council 26 – 922 10/1/2024 Wednesday, November 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Denali Linehan Email denali.linehan@gmail.com Address 22522 Meadowwood Lake Forest, CA, 92630 City Council 26 – 923 10/1/2024 Wednesday, November 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Kaj Linehan Email kaj.linehan@gmail.com Address 22522 Meadowwood Lake Forest, CA, 92630 City Council 26 – 924 10/1/2024 Wednesday, November 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Timothy Linehan Email telinehan@hotmail.com Address 22522 Meadowwood Lake Forest, CA, 92630 City Council 26 – 925 10/1/2024 Wednesday, November 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Shaena Kwok Linehan Email shaenakwok@gmail.com Address 22522 Meadowwood Lake Forest, CA, 92630 City Council 26 – 926 10/1/2024 Wednesday, November 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Asha Keramat Email asha.keramat@gmail.com Address 29709 Niguel Rd, Apt E Laguna Niguel, CA, 92677 City Council 26 – 927 10/1/2024 Wednesday, November 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Colby Northridge Email dcnorthridge@gmail.com Address 2230 Aralia St Newport Beach, CA, 92660 City Council 26 – 928 10/1/2024 Tuesday, November 14, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jan Johnson Email jcjohnson0625@gmail.com Address 23501 Avenida La Caza, #102 Coto De Caza, CA, 92679 City Council 26 – 929 10/1/2024 Tuesday, November 14, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Steve Johnson Email copious_razors.0j@icloud.com Address 23501 Avenida La Caza Coto De Caza, CA, 92679 City Council 26 – 930 10/1/2024 Monday, October 30, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Deborah Hicks Email chzpuff@sbcglobal.net Address 2629 N Santiago Street Santa Ana, CA, 92706 City Council 26 – 931 10/1/2024 Sunday, October 29, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jose Ruvalcaba Email joseluisruvalcaba1966@gmail.com Address 213 pine St Santa Ana , Ca, 92701 City Council 26 – 932 10/1/2024 Thursday, October 26, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Sergio Escobar Email escobar.sergio14@yahoo.com Address 4709 W Henderson pl Santa Ana, CA, 92704 City Council 26 – 933 10/1/2024 Thursday, October 19, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Kenia Cueto Email EduWorkforcePartners@gmail.com Address 12912 Villa Rose Dr. Santa Ana, CALIFORNIA, 92705 City Council 26 – 934 10/1/2024 Wednesday, October 18, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Shogo Nakamura Email shooguu@gmail.com Address 426 Enclave Cir Costa Mesa, CA, 92626 City Council 26 – 935 10/1/2024 Tuesday, October 17, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Britni Hageman Email britni.hageman@gmail.com Address 4026 Mt. Everest Blvd. San Diego , CA , 92111 City Council 26 – 936 10/1/2024 Sunday, October 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Sasha Law Email sashaholly@gmail.com Address 3926 S Timber St Santa Ana, CA, 92707 City Council 26 – 937 10/1/2024 Sunday, October 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Michael Stanton Email michael@stanton.family Address 110 S. Tablerock Pl. Anaheim, CA, 92807 City Council 26 – 938 10/1/2024 Sunday, October 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Sarah Sattar Email sarahesattar@gmail.com Address 110 S Tablerock Pl Anaheim, CA, 92807 City Council 26 – 939 10/1/2024 Friday, October 13, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Elizabeth Kennard Email ekennard007@gmail.com Address 5197 Vista Del amigo Yorba Linda, CA, 92886 City Council 26 – 940 10/1/2024 Thursday, October 12, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Ryan Martin Email ryanhmartin516@gmail.com Address 1506 Weymount Pl Santa Ana, CA, 92705 City Council 26 – 941 10/1/2024 Tuesday, October 10, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Warren Felson Email warren.felson@argosypartners.co.uk Address 12 Via Coralle Newport Coast, CA, 92657 City Council 26 – 942 10/1/2024 Sunday, October 8, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Fred De La Riva Email fdelariva@lukdigital.com Address 8257 E Merryweather Lane Anaheim, CA, 92808 City Council 26 – 943 10/1/2024 Saturday, October 7, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Becky Clift Email becky.clift@wsp.com Address 35 Windchime Irvine, CA, 92603 City Council 26 – 944 10/1/2024 Friday, October 6, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Shannan Knitter Email shannan.knitter@wsp.com Address 15231 Laguna Canyon Road, Suite 100 Irvine, California, 92618 City Council 26 – 945 10/1/2024 Thursday, October 5, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Thu Doan Email thu-h@att.net Address 949 Vivid Ln Costa Mesa, CA, 92626 City Council 26 – 946 10/1/2024 Thursday, October 5, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Arthur Alderete Email art@arthuralderete.com Address 5299 Alton Parkway Irvine, CA, 92604 City Council 26 – 947 10/1/2024 Thursday, October 5, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Junsu Rim Email jae.rim@wsp.com Address 5285 acorn dr Huntington Beach, ca, 92649 City Council 26 – 948 10/1/2024 Wednesday, October 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Carl Wong Email wong.carl@outlook.com Address 220 E Chapman Ave, Apt# 16 Placentia, California, 92870-4601 City Council 26 – 949 10/1/2024 Wednesday, October 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Kristine Peters Email kristinep@unitedwayoc.org Address 18012 Mitchell South Irvine, CA, 92614 City Council 26 – 950 10/1/2024 Wednesday, October 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Lee de Leon Email lee@tccdc.org Address 2501 W. 5TH ST. Santa Ana, CA, 92703 City Council 26 – 951 10/1/2024 Wednesday, October 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Tjwan Tang Email tltang728@gmail.com Address 1613 N Hale Ave Fullerton , Ca, 92831 City Council 26 – 952 10/1/2024 Wednesday, October 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Michelle Marston Email michelle.marston79@gmail.com Address 20251 Cape Coral Lane 115 Huntington Beach, CA, 92646 City Council 26 – 953 10/1/2024 Wednesday, October 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Cynthia Kempner Email Condyk7777@gmail.com Address 3416, Summerset Circle Costa Mesa, Ca, 92626 City Council 26 – 954 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jeremy Mintz Email jdawguclafan@yahoo.com Address 3916 Ballina Canyon Road Encino, CA, 91436 City Council 26 – 955 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Agnes Kim Email agnes.kim@wsp.com Address 12701 Arisotcrat Ave. Garden Grove, CA, 92841 City Council 26 – 956 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Glenda Tagle Email glenda.tagle@wsp.com Address 15231 Laguna Canyon Rd, Suite 100 Irvine, CA, 92618 City Council 26 – 957 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Margaret Gidula Email margaretgidula@gmail.com Address 721 Calle Divino San Clemente, California, 92673 City Council 26 – 958 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Lauren German Email laurendl@live.com Address 36 El Corazon RSM, California, 92688 City Council 26 – 959 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Elly Smith Email ellysawicky@gmail.com Address 14772 Candeda Pl. Tustin, CA, 92780 City Council 26 – 960 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Stuart Kirkland Email stu.kirkland@gmail.com Address 122 Via Serena Rancho Santa Margarita, CA, 92688 City Council 26 – 961 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Michael Matonic Email mike.matonic@wsp.com Address 15231 Laguna Canyon Rd, Suite 100 Irvine, California, 92618 City Council 26 – 962 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Mohamed Hassan Email mohamed.hassan@englekirk.com Address 15231 Laguna Canyon Rd Ste 100 Irvine, California, 92618-7714 City Council 26 – 963 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Ernie Bustamante Email ernie.bustamante@wsp.com Address 7300 East Kite Drive Anaheim, CA, 92808 City Council 26 – 964 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Oriana Diaz Email Oriana.Diaz@wsp.com Address 15231 Laguna Canyon Road, Irvine, CA, U, Suite 100 IRVINE, CA, 92618 City Council 26 – 965 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Kari Kitley Email kari.kitley@wsp.com Address 15231 Laguna Canyon Rd., Suite 100 Irvine, California, 92618 City Council 26 – 966 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Maasa Alter Email alter.maasa@gmail.com Address 21237 Jasmines Way Lake Forest, CA, 92630 City Council 26 – 967 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Christopher Pham Email insomniacmusic@gmail.com Address 26462 San Ramon Way Mission Viejo, CA, 92692 City Council 26 – 968 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Luis Porrello Email laporrello@gmail.com Address 24202 Mimosa Drive Laguna Niguel, CA, 92677 City Council 26 – 969 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Meg Rothi Email megan.rothi@wsp.com Address 21312 Avenida Manantial Lake Forest, CA, 92630 City Council 26 – 970 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jeff Mixer Email jeff.mixer@wsp.com Address 21 baldosa rancho santa margarita, ca, 92688 City Council 26 – 971 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Joel Richardson Email joelrichardson61@gmail.com Address 7701 Warner Avenue, Apratment C42 Huntington Beach, CA, 92647 City Council 26 – 972 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Claudia Neemia Email Claudia.Neemia@wsp.com Address 168 Oxford Lane La Habra, CA, 90631 City Council 26 – 973 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Elias Mendez Email elias_mendez714@yahoo.com Address 6328 Sombrero Ave Cypress, CA, 90630 City Council 26 – 974 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Rosemary Siu Email rosemary.siu@wsp.com Address 72 Tallowood, 100 Irvine, CA, 92620 City Council 26 – 975 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Michelle Penrice Email michelle.penrice@wsp.com Address 15231 Laguna Canyon Road, Suite 100 Irvine, CA, 92618 City Council 26 – 976 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Michael Baroody Email mbaroody90@gmail.com Address 24201 El Pilar Laguna Niguel, CA, 92677 City Council 26 – 977 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Bradley Nelson Email BRADLEY.C.NELSON@GMAIL.COM Address 252 ROBINHOOD LN. COSTA MESA, CA, 92627 City Council 26 – 978 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Meliss Brady Email mlbmelissa@gmail.com Address 4 via frontera Rancho Santa Margarita, California, 92868 City Council 26 – 979 10/1/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Steve Neimeister Email steve.neimeister@wsp.com Address 110 Collins Avenue Newport Beach, CA, 92662 City Council 26 – 980 10/1/2024 Sunday, October 1, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name John Donahoejdonahoe7 Email jdonahoe7@gmail.com Address 1904 baycrest Santa ana, Ca, 92704 City Council 26 – 981 10/1/2024 Thursday, September 28, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Bob Satmary Email bob.satmary@gmail.com Address 2822 Copa De Oro Dr Los Alamitos, CA, 90720 City Council 26 – 982 10/1/2024 Thursday, September 28, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Lance Rava Email lancerava@hotmail.com Address 30252 Pacific Island Drive , Apt 190 Laguna Niguel , CA, 92677 City Council 26 – 983 10/1/2024 Wednesday, September 27, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Kristina James Email kristinagjames@gmail.com Address 1101 W. MACarthur Blvd. #261 Santa Ana, CA, 92707 City Council 26 – 984 10/1/2024 Tuesday, September 26, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Lois Carpenter Email lecarp9@gmail.com Address 3210 S Rene Dr Santa Ana , CA, 92704 City Council 26 – 985 10/1/2024 Tuesday, September 26, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Randy Mai Email RANDYMAI90@GMAIL.COM Address 2514 S Shelton St SANTA ANA, CA, 92707 City Council 26 – 986 10/1/2024 Tuesday, September 26, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Ruben Jusi Email rubenjusi67@gmail.com Address 314 west Stevens Ave. Santa Ana, Ca,, 92707 City Council 26 – 987 10/1/2024 Saturday, September 23, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jeffrey Katz Email jeffrey.katz@kesherlawgroup.com Address 1919 N. Heliotrope Dr. Santa Ana/Calloifornia, CA, 92706 City Council 26 – 988 10/1/2024 Saturday, September 23, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Les Card Email cardcasa1@gmail.com Address 1733 La Colina Dr Santa Ana, CA, 92705 City Council 26 – 989 10/1/2024 Tuesday, September 19, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Matthew Campbell Email campbellmfendt@hotmail.com City Council 26 – 990 10/1/2024 Tuesday, September 19, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Maury Quintana Email mquintana0225@gmail.com Address 3302 Park Drive Santa Ana, CA, 92707 City Council 26 – 991 10/1/2024 Tuesday, September 19, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jonathan Restivo Email jr@citysidefiber.com Address 100 Spectrum Center Dr, Suite 500 Irvine, California, 92618 City Council 26 – 992 10/1/2024 Tuesday, September 19, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Gina Cunningham Email gina@homeaidoc.org Address 2310 North Flower Street Santa Ana, CA, 92706 City Council 26 – 993 10/1/2024 Monday, September 18, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Susan Heiligman Email suziheiligman@gmail.com Address 1040 MacArthur Blvd, 93 Santa Ana , CA, 92707 City Council 26 – 994 10/1/2024 Saturday, September 16, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Laura Emerson Email laura@expressmapping.com Address 4000 Barranca Pkwy #250 Irvine, CA, 92604 City Council 26 – 995 10/1/2024 Friday, September 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name José Ruvalcaba Email joseluisruvalcaba1966@gmail.com Address 213 E pine St Santa Ana , Ca, 92701 City Council 26 – 996 10/1/2024 Friday, September 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Richard Hoff Email dick_hoff7@yahoo.com Address 3113 S Maddock St. Santa Ana, CA, 92704 City Council 26 – 997 10/1/2024 Friday, September 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Bryan Tan Email bptan0819@yahoo.com Address 3301 S Bear St Santa Ana, CA, 92704 City Council 26 – 998 10/1/2024 Friday, September 8, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Carolina Collins Email carolinajcollins@gmail.com Address 881 Bear Creek Costa Mesa, CA, 92626 City Council 26 – 999 10/1/2024 Friday, September 8, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Paulette Lombardi-Fries Email pfries@travelcostamesa.com Address 151 Kalmus Drive, Suite C110 Costa Mesa, CA, 92626 City Council 26 – 1000 10/1/2024 Friday, September 8, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name dave stot Email dwsjdw@sbcglobal.net City Council 26 – 1001 10/1/2024 Thursday, September 7, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jami Fox Email jamijones24@gmail.com Address 749 Santa Florencia Solana Beach, CA, 92075 City Council 26 – 1002 10/1/2024 Wednesday, September 6, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name nicole Caya Email nicolec@onyxbuilding.com Address 555 Raleigh ave El Cajon , Ca, 92020 City Council 26 – 1003 10/1/2024 Tuesday, September 5, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Frank Gutierrez Email frank@mesaart.net Address 1512 Freeman St Santa Ana, CA, 92706 City Council 26 – 1004 10/1/2024 Sunday, September 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Erick Acuna Email erickacuna3@gmail.com Address 2660 W Segerstrom Ave Santa Ana, CA, 92704 City Council 26 – 1005 10/1/2024 Saturday, September 2, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Frank Garcia Email fshani85@gmail.com Address 10372 Circulo De Juarez Fountain Valley, CA, 92708 City Council 26 – 1006 10/1/2024 Friday, September 1, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name J.guadalupe Figueroa Email figueroa.j.lupe@gmail.com Address 2906S. Pacific ave Santa Ana , Califiornia, 92704 City Council 26 – 1007 10/1/2024 Thursday, August 31, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Timothy Su Email dragon52225@yahoo.com City Council 26 – 1008 10/1/2024 Wednesday, August 30, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Bryan Rosas Email game_bryan@hotmail.com Address 1338 W CIVIC CENTER DR Santa Ana, CA, 92703 City Council 26 – 1009 10/1/2024 Wednesday, August 30, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Eduardo Lopez Email eddielalfaro@gmail.com Address 3113 S Douglas St Santa Ana , CA, 92704 City Council 26 – 1010 10/1/2024 Wednesday, August 30, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Yvelyse Santiago Email yvelyses@gmail.com Address Santa Ana, CA, 92703 City Council 26 – 1011 10/1/2024 Tuesday, August 29, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Adela Chavez Email 12roses2008@live.com Address 2040, Cedar St Santa Ana, California , 92707 City Council 26 – 1012 10/1/2024 Friday, August 25, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Johnson Syharath Email jsyharath@gmail.com Address 2314 S Warbler St Santa Ana, CA, 92704 City Council 26 – 1013 10/1/2024 Thursday, August 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Daniel Garcia Email danieltobiasgarcia@gmail.com Address 1012 N Towner St Santa Ana, CA, 92703 City Council 26 – 1014 10/1/2024 Thursday, August 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jennifer Bullard Email jbullard@ocbc.org Address 2 Park Plaza, Suite 100 Irvine, CA, 92614 City Council 26 – 1015 10/1/2024 Tuesday, August 22, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jon- Michael Gisler Email jgisler93@gmail.com Address 4471 Dean Martin Drive, 3602 Las Vegas, NV, 89103 City Council 26 – 1016 10/1/2024 Tuesday, August 22, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Salve Carreon Email callmesalve@gmail.com Address 2261 Pomona Ave. Apt. A Costa Mesa, Ca., 92627 City Council 26 – 1017 10/1/2024 Monday, August 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Ralph Funes Email rfunes1@yahoo.com Address 218 w alton Santa Ana , Ca, 92707 City Council 26 – 1018 10/1/2024 Thursday, August 17, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Luis Carrillo Email luiscarrillo1943@yahoo.com Address 2939 S Rosewood Ave Santa Ana, CA, 92707 City Council 26 – 1019 10/1/2024 Wednesday, August 16, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Charles Conder Email aerocec@yahoo.com Address 19598 Denair Ct Riverside, CA, 92508 City Council 26 – 1020 10/1/2024 Tuesday, August 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name benjamin song Email bensong1@gmail.com Address 1103 tulare dr. costa mesa, ca, 92626 City Council 26 – 1021 10/1/2024 Tuesday, August 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Lisa Laframboise Email 1lalaframboise@gmail.com Address 2522 Park dr. City Council 26 – 1022 10/1/2024 Monday, August 14, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Pamela Brambila Email pamb65@att.net Address 3018 S Thornton St Santa Ana, CA, 92704 City Council 26 – 1023 10/1/2024 Monday, August 14, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jeffrey Almberg Email jeffreyalmberg@yahoo.com Address 550 Paularino Ave., #C102 Costa Mesa, CA, 92626 City Council 26 – 1024 10/1/2024 Friday, August 11, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name PAUL SANFORD Email psanford100@gmail.com Address 936. W River Lane Santa Ana , Ca, 92706 City Council 26 – 1025 10/1/2024 Tuesday, August 1, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Blair Troy Email blairttroy@gmail.com Address 1907 Deborah Lane Newport Beach, California, 92660 City Council 26 – 1026 10/1/2024 Wednesday, July 26, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Antonio Sears Email AntonioSearsProperties@gmail.com Address 92705 City Council 26 – 1027 10/1/2024 Sunday, July 16, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Archie Brown Email archiedbrown@yahoo.com City Council 26 – 1028 10/1/2024 Thursday, July 6, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Mike Moser Email mikemoser@retailinsite.net Address 120 s sierra Solana beach, California, 92075 City Council 26 – 1029 10/1/2024 Thursday, June 29, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name andrew valverde Email VALVERDE_ANDREW@YAHOO.COM Address 2514 W Chandler Ave SANTA ANA, CA, 92704 City Council 26 – 1030 10/1/2024 Wednesday, June 28, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Chris Hodgman Email hodgman.chris@gmail.com City Council 26 – 1031 10/1/2024 Wednesday, June 28, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Thomas Rubio Email trubio1@uci.edu Address 2172 Meyer Pl Costa Mesa, CA, 92627 City Council 26 – 1032 10/1/2024 Wednesday, June 28, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Christopher Rogers Email rogers.cj@gmail.com Address 1510 West Surrey Circle Santa Ana, CA, 92704 City Council 26 – 1033 10/1/2024 Monday, June 26, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Lada Phyakul Email fancynateur@hotmail.com Address 565 Anton Blvd. Costa Mesa, CA, 92626 City Council 26 – 1034 10/1/2024 Sunday, June 25, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jose Flores Email hohoa51gear@yahoo.com Address 211 N Sycamore Street Santa Ana , Ca, 92701 City Council 26 – 1035 10/1/2024 Friday, June 16, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use development on South Bristol Street because of the significant and much-needed open space planned for the project. About one-third of the development will become an active mix of programmed parks, open-air plazas and pedestrian-only paseos to explore, slow down and feel inspired. It will be a sharp contrast and welcomed replacement to the aging and asphalt-heavy shopping center that exists there today in South Santa Ana. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to most urban developments. I believe the developer is committed to creating a more inviting, sustainable and resilient model of community living and the plans to make programmed open space with seasonal events, public art installations, live music, dance performances and other outdoor art exhibits and activities a central feature of this innovative community are truly exciting. From the earliest planning sessions, the lush and beautiful landscaped walkways and parks have been high priorities at Related Bristol to promote an outdoor lifestyle that will enhance wellness and fitness for all who live or visit there. This commitment to a healthier, greener existence is why I strongly support Related Bristol. I urge you to do the same, and approve Related Bristol. Thank you, Name Eric Morley Email emorley@bluecusa.com Address 151 Kalmus Drive, Suite A102 Costa Mesa, Ca, 92626 City Council 26 – 1036 10/1/2024 Friday, June 16, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use development on South Bristol Street because of the significant and much-needed open space planned for the project. About one-third of the development will become an active mix of programmed parks, open-air plazas and pedestrian-only paseos to explore, slow down and feel inspired. It will be a sharp contrast and welcomed replacement to the aging and asphalt-heavy shopping center that exists there today in South Santa Ana. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to most urban developments. I believe the developer is committed to creating a more inviting, sustainable and resilient model of community living and the plans to make programmed open space with seasonal events, public art installations, live music, dance performances and other outdoor art exhibits and activities a central feature of this innovative community are truly exciting. From the earliest planning sessions, the lush and beautiful landscaped walkways and parks have been high priorities at Related Bristol to promote an outdoor lifestyle that will enhance wellness and fitness for all who live or visit there. This commitment to a healthier, greener existence is why I strongly support Related Bristol. I urge you to do the same, and approve Related Bristol. Thank you, Name Wing Lam Email wing.lam@wahoos.com Address 1185 Warner Avenue Tustin, Ca, 92780 City Council 26 – 1037 10/1/2024 Sunday, June 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use development on South Bristol Street because of the significant and much-needed open space planned for the project. About one-third of the development will become an active mix of programmed parks, open-air plazas and pedestrian-only paseos to explore, slow down and feel inspired. It will be a sharp contrast and welcomed replacement to the aging and asphalt-heavy shopping center that exists there today in South Santa Ana. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to most urban developments. I believe the developer is committed to creating a more inviting, sustainable and resilient model of community living and the plans to make programmed open space with seasonal events, public art installations, live music, dance performances and other outdoor art exhibits and activities a central feature of this innovative community are truly exciting. From the earliest planning sessions, the lush and beautiful landscaped walkways and parks have been high priorities at Related Bristol to promote an outdoor lifestyle that will enhance wellness and fitness for all who live or visit there. This commitment to a healthier, greener existence is why I strongly support Related Bristol. I urge you to do the same, and approve Related Bristol. Thank you, Name Adrian Velasco Email advelasco.23@gmail.com Address 526 S Ross Santa ana, Ca City Council 26 – 1038 10/1/2024 Sunday, June 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use development on South Bristol Street because of the significant and much-needed open space planned for the project. About one-third of the development will become an active mix of programmed parks, open-air plazas and pedestrian-only paseos to explore, slow down and feel inspired. It will be a sharp contrast and welcomed replacement to the aging and asphalt-heavy shopping center that exists there today in South Santa Ana. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to most urban developments. I believe the developer is committed to creating a more inviting, sustainable and resilient model of community living and the plans to make programmed open space with seasonal events, public art installations, live music, dance performances and other outdoor art exhibits and activities a central feature of this innovative community are truly exciting. From the earliest planning sessions, the lush and beautiful landscaped walkways and parks have been high priorities at Related Bristol to promote an outdoor lifestyle that will enhance wellness and fitness for all who live or visit there. This commitment to a healthier, greener existence is why I strongly support Related Bristol. I urge you to do the same, and approve Related Bristol. Thank you, Name Michael Martinez Email themikem7@gmail.com Address 1505 w anahurst pl Santa Ana , CA City Council 26 – 1039 10/1/2024 Saturday, June 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use development on South Bristol Street because of the significant and much-needed open space planned for the project. About one-third of the development will become an active mix of programmed parks, open-air plazas and pedestrian-only paseos to explore, slow down and feel inspired. It will be a sharp contrast and welcomed replacement to the aging and asphalt-heavy shopping center that exists there today in South Santa Ana. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to most urban developments. I believe the developer is committed to creating a more inviting, sustainable and resilient model of community living and the plans to make programmed open space with seasonal events, public art installations, live music, dance performances and other outdoor art exhibits and activities a central feature of this innovative community are truly exciting. From the earliest planning sessions, the lush and beautiful landscaped walkways and parks have been high priorities at Related Bristol to promote an outdoor lifestyle that will enhance wellness and fitness for all who live or visit there. This commitment to a healthier, greener existence is why I strongly support Related Bristol. I urge you to do the same, and approve Related Bristol. Thank you, Name Briana Harley Email brianaharley13@yahoo.com Address 260 N Tustin St , Unit C Orange, CA City Council 26 – 1040 10/1/2024 Saturday, June 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use development on South Bristol Street because of the significant and much-needed open space planned for the project. About one-third of the development will become an active mix of programmed parks, open-air plazas and pedestrian-only paseos to explore, slow down and feel inspired. It will be a sharp contrast and welcomed replacement to the aging and asphalt-heavy shopping center that exists there today in South Santa Ana. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to most urban developments. I believe the developer is committed to creating a more inviting, sustainable and resilient model of community living and the plans to make programmed open space with seasonal events, public art installations, live music, dance performances and other outdoor art exhibits and activities a central feature of this innovative community are truly exciting. From the earliest planning sessions, the lush and beautiful landscaped walkways and parks have been high priorities at Related Bristol to promote an outdoor lifestyle that will enhance wellness and fitness for all who live or visit there. This commitment to a healthier, greener existence is why I strongly support Related Bristol. I urge you to do the same, and approve Related Bristol. Thank you, Name Nancy Tlaseca Email tlasecan@yahoo.com Address 1111 w. Santa Ana blvd. , 24 Ca, Santa Ana City Council 26 – 1041 10/1/2024 Thursday, May 25, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Adam Volkert Email avolkert@rutan.com Address Fountain Valley, CA, 92708 City Council 26 – 1042 10/1/2024 Thursday, May 25, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Stephanie Mack Email stephanie.n.mack@gmail.com Address 908 Magellan Street Costa Mesa, CA, 92626 City Council 26 – 1043 10/1/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name celia rice Email rice.ce1984@gmail.com Address 415 15th Street Unit 12 Huntington Beach, CA, 92648 City Council 26 – 1044 10/1/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Valerie Chang Email valeriechang960@gmail.com City Council 26 – 1045 10/1/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Max Smith Email maxh.smith@live.com City Council 26 – 1046 10/1/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Kasey Smith Email kaseyreeve11@gmail.com City Council 26 – 1047 10/1/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Faith Escalera Email faithescalera@gmail.com Address 5139 Residencia Newport Beach , Ca , 92660 City Council 26 – 1048 10/1/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Maribel Barrios Email maribelbarrios816@gmail.com City Council 26 – 1049 10/1/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Rikki Hendricks Email rikkinelson26@gmail.com Address 10860 San Leon Ave Fountain Valley , CA, 92708 City Council 26 – 1050 10/1/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Kaylee Mageean Email kayleebriana15@gmail.com Address 10414 La Tortola Cir Fountain Valley, CA, 92708 City Council 26 – 1051 10/1/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Muna Dakelbab Email munakd95@gmail.com Address 20121 Imperial Cove Lane Huntington Beach, CA, 92646 City Council 26 – 1052 10/1/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Tony Jovanelly Email tonyjovanelly@gmail.com Address 1140 Buckingham Dr, Apt C Costa Mesa, CA, 92626 City Council 26 – 1053 10/1/2024 Tuesday, May 23, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Josh Gilbert Email josh.gilbert3@gmail.com City Council 26 – 1054 10/1/2024 Sunday, May 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Krystal Trinh Email kryystaltrinh@gmail.com City Council 26 – 1055 10/1/2024 Sunday, May 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Madi Goswick Email madigoswick@gmail.com Address 410 Buckskin Ranch Rd Imperial, CA, 92251 City Council 26 – 1056 10/1/2024 Sunday, May 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Barbara Laughrin Email barbaralaughrin@yahoo.com Address 356 West Duarte Street Brawley, CA, 92227 City Council 26 – 1057 10/1/2024 Sunday, May 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Rosanna Lipis Email rzuniga0808@aol.com Address 301 W K St Brawley, CA, 92227 City Council 26 – 1058 10/1/2024 Sunday, May 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Tara Adkins Email TaraAdkins929@gmail.com Address 410 Buckskin ranch rd. Imperial, CA, 92251 City Council 26 – 1059 10/1/2024 Sunday, May 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Madison Goswick Email madisongoswick@gmail.com Address 410 Buckskin Ranch Rd Imperial, CA, 92251 City Council 26 – 1060 10/1/2024 Sunday, May 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Kaycee Schilling Email khschilling18@gmail.com City Council 26 – 1061 10/1/2024 Saturday, May 20, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Briede Charbonnet Email bcharbonnet@gmail.com Address 5331 Soledad Rancho Ct San Diego, CA, 92109 City Council 26 – 1062 10/1/2024 Friday, May 19, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Safa Fatima Email safatima1106@gmail.com Address 6431 Govin circle Huntington Beach, CA, 92647 City Council 26 – 1063 10/1/2024 Friday, May 19, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Ashley Walker Email ashleyvalentineprek@gmail.com Address 17142 reimer street Fountain valley , CA, 92708 City Council 26 – 1064 10/1/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Gagan Sharma Email gagansharma2100@yahoo.com Address 300 Southridge Lakes Pkwy Southlake, Texas, 76092 City Council 26 – 1065 10/1/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Katelin Cortney Email katelincortney@gmail.com Address 3104 Westcliff Road West Fort Worth, TX, 76109 City Council 26 – 1066 10/1/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Jonathan Ulrich Email joneulrich@gmail.com City Council 26 – 1067 10/1/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Alexander Geesbreght Email alexgeesbreght@gmail.com Address 6665 Trinity Heights Blvd Fort Worth, TEXAS, 76132 City Council 26 – 1068 10/1/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Holland Harper Email hharper@hwh1887.com Address 1040 31st st Se Paris, TX, 75460 City Council 26 – 1069 10/1/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Brad Lyddon Email brad.d.lyddon@gmail.com Address 4191 Chevy chase dr La Canada flintridge , Ca , 91011 City Council 26 – 1070 10/1/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Josh Hopkins Email joshua_hopkins@outlook.com City Council 26 – 1071 10/1/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Raquel Ulrich Email raquelulrich10@gmail.com City Council 26 – 1072 10/1/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Troy Bussmeir Email tbussmeir@gmail.com City Council 26 – 1073 10/1/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Bryan Cortney Email bcortney@gmail.com Address 3104 Westcliff Road West Fort Worth, TX, 76109 City Council 26 – 1074 10/1/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Celene Lyddon Email celene.lyddon@gmail.com Address 4191 Chevy Chase Dr La Canada flintridge , CA , 91012 City Council 26 – 1075 10/1/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Claire Charbonnet Email cmcharbonnet1@gmail.com Address 5331 Soledad Rancho Ct San Diego, CA, 92109 City Council 26 – 1076 10/1/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Chad Walker Email walkercj15@gmail.com Address 17142 Reimer Street Fountain Valley, CA, 92708 City Council 26 – 1077 10/1/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Alice Callens Email alcal@socal.rr.com Address 8856 Sutter Circle Unit 526b Huntington Beach, CA, 92646 City Council 26 – 1078 10/1/2024 Thursday, May 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Laura Marttinen Email lmarttinen@me.com City Council 26 – 1079 10/1/2024 Thursday, May 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Thu Doan Email thu-h@att.net City Council 26 – 1080 10/1/2024 City Council 26 – 1081 10/1/2024 City Council 26 – 1082 10/1/2024 City Council 26 – 1083 10/1/2024 City Council 26 – 1084 10/1/2024 City Council 26 – 1085 10/1/2024 City Council 26 – 1086 10/1/2024 City Council 26 – 1087 10/1/2024 City Council 26 – 1088 10/1/2024 City Council 26 – 1089 10/1/2024 City Council 26 – 1090 10/1/2024 City Council 26 – 1091 10/1/2024 City Council 26 – 1092 10/1/2024 City Council 26 – 1093 10/1/2024 City Council 26 – 1094 10/1/2024 City Council 26 – 1095 10/1/2024 City Council 26 – 1096 10/1/2024 MacArthurIntermediate TaftElementary 39003600350034003200 3100 700 600 300 200 100 100 100 Doubletree ClubHotelMAIN STSUNFLOWER AV ALTON AV PARTON AVHARVEY AV MACARTHUR PLCOLUMBINE AV AURORA AVVAN NESS AVALPINE AV PARTON AVBELL AV KELLER AV KELLER AV BELL AV ALPINE AVALPINE AV ALPINE AV TIMBER STTIMBER STOLIVE STOLIVE STOLIVE STSIERRA AV CURIE AV JUNIPER AVJUNIPER AV BIRCH STBIRCH STBIRCH STBINE ALTON AV KELLER AV KELLER AVTIMBER STTIMBER STCOLUMBINE AV NOBEL AV NOBEL AV TT JUNIPER ALDER STCAROLAV CAROL AV PLSTEVENS AV STEVENS AV STEVENS AV HARVEY AV COLUMBINE AV COLUMBINE A V LOWELL STLOWELL STSIERRA SIERRA ROSS STROSS STROSS STAV AV AV AVAV AV AVAV AV AV AV AV STSTGARNSEY STGARNSEY STMURPHY AV ORION ORION MACARTHUR P LSYCAMORE STSYCAMORE STPASTEURSTEVENS AASANDPOINTEEESWOODLAND AVTEAKWOOD STWOODLAND PLRAMONA DRRAMONA DRRAMONA DRMACARTHURROSSAURORA AURORAAURORA HNR R RCCU MURPHY COLUM MMACARTHUR PL Sandpointe BomoKoralPark LillieKingPark SandpointePark City of Santa AnaResidential Permit ParkingSandpointeDistrict Key to Permit Parking Zones Streets with permit parking required allday, everyday. Streets with permit parking required 12Midnight to 6 am everyday. Streets with permit parking required 2amto 6 am everyday. Streets with permit parking required 8 amto 5 pm everyday. 0 290 580 Feet Map Date: 6/14/2023 EXHIBIT 1 City Council 26 – 1097 10/1/2024 MacArthurIntermediate JeffersonElementary Esqueda Elementary Saddleback High TaftElementary WashingtonElementary 390036003600350035003400330032003200 31002900280026002300230023002300220022001800 1700 1600 1400 1300 1300 1300 1200 1200 1000 800 700 700 700 600 600 500 400 300 200 100 100 100 100UNION PACIFIC RR ARMSTRONGRANCH RD SHEFFIELD RDF O R E S T A V DEEREFIELD RD RED FOX RD SEA BREEZESADDLEBACKCTBLACKHAWK DR MEADOWBROOKE DR ROSEW OOD CTFS Bristol &SunflowerPlaza BristolWarnerVillage CoastalCommunitiesHospital BristolPlace South Coast PlazaPark & Ride BristolPlaza SunflowerPlaza South CoastPlaza South CoastPlaza Village MAIN STBEAR STAV SUNFLOWER AV SEGERSTROM AV SEGERSTR O M DYER RD WARNER AV BRISTOL STBRISTOL STFLOWER STMACARTHUR BLVDDOUGLAS STGARRY AVPARTON AVHARVEY AV BURNS AV COLUMBINE AVLINDA WYAURORA AVVAN NESS AVSI ERRA HALL AV BIRCH STALPINE AV BREWER AV PARTON AVBELL AV GARRY AV KELLER AV KELLER AV CENTRAL AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVCARRIAGE DRRITARITA CENTRAL AV BELL AVGARNSEY STALPINE AVALPINE AV ALPINE AV TIMBER STTIMBER STOLIVE STOLIVE STOLIVE STOLIVE STOLIVE STHALL AVHALL AV SALTA STSALTA STHEMLOCK WY SIERRA AVCIR CURIE AV CURIE AV JUNIPER AVJUNIPER AVRITA WYRIT A W Y BIRCH STBIRCH STBIRCH STBIRCH STBINELINDALINDAALTON AV ALTON AV ALTON AVKELLER AV KELLER AVTIMBER STTIMBER STCOLUMBINE AV ORION AVLINDA WYFLORA ST FLORA ST PLAZA DRNOBEL AV NOBEL AVMAGNOLIA AVJUNIPER BEAR STALDER STCENTRAL AVCENTRAL AV CENTRAL AV CAROL AV CAROL AVPLFOREST AVSTEVENS AV STEVENS AV STEVENS AV STEVENS AV HARVEY AV SAN LORENZO AV BAKER STBAKER STBAKER STBAKER STSHELTON STSHELTON STCOLUMBINE AV BAY CREST LOWELL STLOWELL STLOWELL STLOWELL STSIERRA SIERRABURNS AVPARTON STPOPLAR STPOPLAR STPARK DRPARK DRGARRY AV ROSS STROSS STROSS STAV AV AV AV AV AV AV AVAV AV AV AV AV AV CARRIAGE DRCARRIAGE DR CARRIAGE DRSPRUCE STSTSTSTSTADAMS ST ADAMS ST GARNSEY STGARNSEY STGARNSEY STRENE DRRENE DRRE N E D R MURPHY AVSYC A MORESTJOANE WYJOANE WYTHORNTON ST BROA D W A Y P L ORION ORION MOORE AV MOORE AVMOORE AV SECREST WYSECREST WY SYCAMORE STSYCAMORE STWAKEHAM PL PASTEURTOWNER STTOWNER STTOWNER STTOWNER STTOWNER STCALLENS COMM STEVENS SANDPOINTEWOODLAND AVTEAKWOOD STWOODLAND PLRAMONA DRRAMONA DRRAMONA DRRAMONA DRPENDLETON DOREEN WYROSEWOOD AVROSEWOOD AVR O S EW O O D A V ROSEWOOD AVSPRUCESPRUCESURREYBRADFORD HEMLOCK ROSSAURORA AURORAAURORA BROADWAYMURPHY COLUM ROWLAND WYWYWYWY WYWYSandpointe SouthCoast SouthMetro BomoKoralPark Thornton Park LillieKingPark SandpointePark City of Santa AnaResidential Permit ParkingSouth CoastDistrict Key to Permit Parking Zones Streets with permit parking required allday, everyday. Streets with permit parking required 12Midnight to 6 am everyday. Streets with permit parking required 2amto 6 am everyday. Streets with permit parking required 8 amto 5 pm everyday. 0 540 1,080 Feet Map Date: 6/14/2023 City Council 26 – 1098 10/1/2024 GreenvilleFundamentalElementary JeffersonElementary ThorpeFundamental McFaddenInstitute ofTechnology Segerstrom High CalvaryChapelHigh /MaranathaChristian 36003500350033003300320032002900 2900 2900 2900 290029002800 2800 2800 28002800 2600 2600 2500 2500 25002400 240023002300 23002300230022002100 2100 1900 1800 1700 1600 1400 1300 1300 1300 1200 1200 UNION PACIFIC RR ARMSTRONGRANCH RD SANTA FERAY CIR F STA ST E STB STD STVILLAGE DR SILVER SPURTWILIGHTSHEFFIELD RDF O R E S T A V DEEREFIELD RD RED FOX RD SEA BREEZESUMMER WIND SADDLEBACKCTWEST WIND BLACKHAWK DR CRAWFORD GLENMEADOWBROOKE DR NORTHWOOD MEADOWOOD Plaza Mobile Estates FS Bristol &SunflowerPlaza BristolWarnerVillage CoastalCommunitiesHospital BristolPlace South Coast PlazaPark & Ride BristolPlaza SunflowerPlaza South CoastPlaza South CoastPlaza Village South CoastMarketplace RAITT STBEAR STSUNFLOWER AV SEGERSTROM AV WARNER AV FAIRVIEW STBRISTOL STBRISTOL STMACARTHUR BLVD WARNER AV MACARTHUR BLVD DOUGLAS STGLENARBOR STGARRY AVWARBLER STHALL AV BURNS AV DEEGAN DRMOORE AV LINDA WYPENDLETON AV HALL AV OCEAN CRESTARIES CT ... WYGARRY AV BREWER AV GARRY AV PACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVCARRIAGE DRRITARITALAURA LINDA LNRAITT STSEA CLIFFHALL AV HALL AV HALL AVHALL AV HALL AV SALTA STSALTA STHEMLOCK WY GOLDEN WEST AVCIRCURIE AV ARTESIA STARTESIA STARTESIA STRITA WYRIT A W YGRISET PLGRISET PLJUNIPER ST FUCHSIA STLINDALINDAALTON AV KELLER AV ORION AV LINDA WYLINDA WYGREENVILLE STGREENVILLE STFLORA ST FLORA ST FLORA ST PLAZA DRMANLY AV MANLY AV MANLY AV MARINE STASPEN VILLAGE WYMAGNOLIA AVBEAR STCENTRAL AV CENTRAL AVCENTRAL AVCENTRAL AV CENTRAL AVPLPL PLFOREST AVKNOX AVKNOX AV KNOX AV SAN LORENZO AV BAKER STBAKER STBAKER STBAKER STCOLUMBINE AV BAY CRESTGRISETGRISETTAURUS LNBURNS AVPOPLAR STPOPLAR STMANITOBA DRMANITOBA DRMANITOBA DRGARRY AV GARRY AV GARRY AVDIAMOND STDIAMOND STCENTER STCENTER STCENTER STCENTER STAV AV AVAV AV CARRIAGE DRCARRIAGE DR CARRIAGE DRCARRIAGE DR CHANDLER AV SPRUCE STSTSTSTSTSTSTADAMS STADAMS ST ADAMS ST ADAMS STEVERGLADE STEVERGLADE STGREENWICH AV AURORA ST RENE DRRENE DRRE N E D RDOUGLAS STDOUGLAS STSAN LORENZO JOANE WYJOANE WYTHORNTON ST MOORE AVMOORE AVMOORE AV SECREST WYSECREST WY ROWLAND AVROWLAND AVDEEGAN DRDEEGAN DRWAKEHAM PLMADDOCK STMADDOCK STMADDOCK STCALLENS COMMTOWNSEND STHURON DRDIAMONDDIAMONDDIAMONDPENDLETON PENDLETON WOOD STHEMLOCK WYHEMLOCK WY DOREEN WYCENTERSPRUCESPRUCESURREYDANBURYGLENARBOR STHEMLOCK GARRY DOREENCHANDLERTOWNSEND WYWYWYWYWYWYSouthMetro AdamsPark Thornton Park City of Santa AnaResidential Permit ParkingSouth MetroDistrict Key to Permit Parking Zones Streets with permit parking required allday, everyday. Streets with permit parking required 12Midnight to 6 am everyday. Streets with permit parking required 2amto 6 am everyday. Streets with permit parking required 8 amto 5 pm everyday. 0 540 1,080 Feet Map Date: 6/14/2023 City Council 26 – 1099 10/1/2024 Resolution No. 2024-XXX Page 1 of 4 RESOLUTION NO. 2024-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 1991-088, RESOLUTION NO. 93-076 AND RESOLUTION NO. 2000-062 REGARDING PERMIT PARKING DISTRICT PETITONS 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 herby finds, determines and declares as follows: A. Pursuant to Article XI (commencing with Section 36-480) of Chapter 36 of the Santa Ana Municipal Code, the City Council of the City of Santa Ana is authorized to adopt resolutions establishing permit parking districts in which parking restrictions apply to all vehicles except those vehicles that have been issued parking permits pursuant to such Article. B. By Resolution No. 1991-088, the City Council of the City of Santa Ana established the South Coast Permit Parking District, as shown on Exhibit 1, attached hereto and incorporated by reference; By Resolution No. 2020-021 the City Council amended Resolution No. 1991-088 as shown on Exhibit 2, attached hereto and incorporated by reference; By Resolution No. 93-076, the City Council of the City of Santa Ana established the Sandpointe Permit Parking District, as shown on Exhibit 3, attached hereto and incorporated by reference; By Resolution No. 2000-062, the City Council of the City of Santa Ana established the South Metro Permit Parking District, as shown on Exhibit 4, attached hereto and incorporated by reference. C. The City’s adopted General Plan allows for significant mixed-use redevelopment within the South Bristol Focus Area. D. City staff has conducted extensive outreach in the neighborhoods in and around the South Bristol Focus Area to solicit resident concerns and feedback regarding the proposed redevelopment in the area. E. Owners of properties on residential streets within the Parking Districts in and around the South Bristol Focus Area have expressed concerns that proposed development projects near the Parking Districts may impact available parking on their streets and have asked the City to modify procedures to facilitate expanded utilization and participation in the City's permit parking program. F. The City is in the process of performing a Citywide parking study to in part, evaluate Citywide permit parking program modifications. Completion of this study City Council 26 – 1100 10/1/2024 Resolution No. 2024-XXX Page 2 of 4 is not anticipated until the Fall of 2025 and will therefore not adequately address the near-term concerns brought forward by the South Bristol Focus Area residents. G. The City Council finds through extensive environmental review and traffic studies that proposed development projects in the area will not have direct impacts on parking, but none the less, the City Council desires to accommodate present and future requests, related to permit parking in these Parking Districts. H. The City Council finds that the Resolutions referenced above which created the Parking Districts include different standards to be used for defining a block under the Permit Parking District regulations. I. The City Council desires to amend the definition of a block. J. Upon completion of the Citywide parking study, the City Council will consider adopting various recommended parking rules and regulations which may or may not include the amendments considered in this Resolution. K. The proposed resolution amending Resolution No. 91-088, Resolution No. 93- 076, and Resolution No. 2000-062 amendment to the Residential Permit Parking program supports and is consistent with multiple General Plan goals and policies of the Mobility Element, Land Use Element, and Housing Element. Addressing relevant permit parking programs and parking impacts is identified in multiple General Plan implementation actions of the Mobility Element, Land Use Element, and Housing Element. Exhibit 19 to the City Council staff report dated September 17, 2024 and October 1, 2024 accompanying this Resolution contains a list of all applicable General Plan goals and policies that support this recommended action. Section 2. The City Council hereby finds that the action is not a “project” subject to CEQA and no environmental review is required. Even if the action could be construed as a CEQA “project”, the proposed resolution requires no further environmental review pursuant to Section 15162 of the CEQA Guidelines. Section 15378(b) of the CEQA Guidelines defines a “Project” that is subject to CEQA review as an activity that may result in a direct or reasonably foreseeable indirect physical change in the environment, stating that “Projects do not include” ongoing “administrative or maintenance activities, such as purchases for supplies, personnel- related actions, general policy and procedure making [Section 15378(b)(2)]” and “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment [Se ction 15378(b)(5)].” The proposed amendment to Resolution No. 1991-088, Resolution No. 93-076, and Resolution No. 2000-062 modifies administration of an existing parking district program by allowing a single permit parking petition to be considered for multiple, contiguous residential blocks City Council 26 – 1101 10/1/2024 Resolution No. 2024-XXX Page 3 of 4 (rather than a separate permit parking petition for each individual block). Thus, no direct or indirect physical changes in the environment will result and accordingly, the proposed resolution is not a “project” subject to CEQA. (CEQA Guidelines, § 15060(c)(2)-(3).) In the alternative, even if the proposed resolution is a project subject to CEQA, no further environmental review is required. Section 15162 of the CEQA Guidelines requires subsequent EIRs and Negative Declarations, following certification of a previous EIR, only when one of three triggering conditions exists: (1) substantial changes are proposed in the project that will require major revisions of the EIR, (2) substantial changes occur in circumstances under which the project is being undertaken that will require major revisions in the EIR, or (3) new information of substantial importance to the project that was not known and could not have been known when the EIR was certified as complete becomes available, a nd this condition (1, 2, and/or 3) also would lead to new or more significant impacts. (See also Pub. Resources Code, § 21166.) In April 2022, the City certified the GPU Final PEIR (SCH No. 2020029087) and adopted the GPU. As previously discussed, the GP U Final PEIR is a Program Environmental Impact Report (PEIR) that examines the existing environment and the total scope of environmental effects that would occur as a result of buildout of the GPU land uses. The proposed resolution falls within the scope of the General Plan Update evaluated in the PEIR because it implements the goals and policies pertaining to permit parking programs and parking impacts identified in the General Plan Update. The proposed resolution therefore does not trigger any of the co nditions identified in Section 15162 of the CEQA Guidelines and summarized above. Approval of the proposed resolution will not result in new or more severe impacts requiring additional environmental review of the approval action. Section 3. Each and every Section of the aforementioned Resolutions pertaining to the definition of a Block shall be amended to provide that: The parking restrictions imposed pursuant to Article XI of Chapter 36 of the Santa Ana Municipal Code shall apply to any block within the Parking Districts and such block may be comprised of contiguous street segments with the Parking District for the purposes of establishing uniform parking restrictions along multiple street segments. Parking restrictions expressly referenced in this Resolution may be imposed only after a petition signed by the owners of sixty-six percent (66%) or more of the residential lots abutting such block have filed a petition with the Executive Director of the Public Works Agency expressing their desire for such parking restrictions. Section 4. This Resolution shall take effect immediately upon its adoption. Section 5. The Mayor shall sign this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof. City Council 26 – 1102 10/1/2024 Resolution No. 2024-XXX Page 4 of 4 ADOPTED this ____ day of _________, 2024. ___________________________ Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: _______________________________ Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________. Date: ______________________ ________________________________ City Clerk City of Santa Ana City Council 26 – 1103 10/1/2024 343 REL 969 RESOLUTION NO 91 088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE SOUTH COAST PERMIT PARKING DISTRICT WHEREAS pursuant to Article XI commencing with Section 36 480 of Chapter 36 of the Santa Ana Municipal Code the City Council of the city of Santa Ana is authorized to adopt resolutions establishing Permit Parking Districts wherein parking restrictions apply to all vehicles except vehicles which have been issued parking permits pursuant to said Article and WHEREAS this Council finds and determines that the South Coast residential neighborhood is in need of permit parking restrictions to protect its integrity from the intrusion of vehicular parking from nearby multifamily residential developments NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS 1 The South Coast Permit Parking District is hereby esta blished to consist of that area of the City of Santa delineated on the map attached hereto as Exhibit A and incorporated herein by this reference 2 No person shall park any vehicle at any time on any portion of any street within the South Coast Permit Parking District as to which signs have been erected indicating the application of permit parking restrictions except persons who are entitled to a permit to park on such street or portion thereof pursuant to this resolution and who display such permit in accordance with section 36488a of the Santa Ana Municipal Code 3 The Executive Director of Public Works is hereby authorized to determine which streets or portions thereof within the South Coast Permit Parking District shall be restricted to permit parking in accordance with section 2 of this resolution and to post appropriate signs giving notice of such restriction 4 Persons entitled to a permit to park in locations subject to permit parking restrictions pursuant to this resolution include and are limited to the following a Any person who is licensed to drive a motor vehicle and who resides in a dwelling located on any lot in the South Coast Permit Parking District which does not have more than four dwelling 1 Exhibit 17 City Council 26 – 1104 10/1/2024 RESOLUTION 91088 Pae 2 345 units located on it b Any person who is licensed to drive a motor vehicle and who works at the business located at 1000 Keller Avenue exceptthatsuchpersonsshallnotbeentitledtopermitsifthesouth side of Keller Avenue is not restricted to permit parking and also except that the employees of any business other than the Learning Center which may hereafter be established at 1000 Keller Avenue shall only be entitled to permits if the Executive Director of Public Works determines that the issuance of permits to such employees would not adversely affect the availability of parking to residents of the South Coast Permit Parking District ADOPTED this 16th day of September 199 ATTEST teUYcounc Mayor COUNCILMEMBERS Young Aye Pulido Aye Acosta Aye Griset A3e McGuigan Aye Norton Aye Richardson ye APPROVED AS TO FORM EdwardJTdorCityAttorney CERTIFICATE OF ORIGINALITY State of California County of Orange I JANICE C GUY Clerk of the Council do hereby certify the attached Resolution Og to be the original resolution of the City of Santa Ana onadoptedbythecityCouncil of Cou City of Santa Ana Exhibit 17 City Council 26 – 1105 10/1/2024 CONDOMINIUMS MAC ARTHUR BIVD lmF x CONDOMINIUk8AND APARTMENT 4 II BOMO KORAL PARK KELLER STEVENS SUNFLOWER AVENUE SOUTH COAST PERMIT PARKING DISTRICT BOUNDARIES THE LEARNING CENTER II EXHIBIT A 347 Exhibit 17 City Council 26 – 1106 10/1/2024 jmf 2/12/2020 RESOLUTION NO. 2020-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 1991-088 RELATED TO THE SOUTH COAST PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING THE BOUNDARIES OF THAT DISTRICT 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. Pursuant to Article XI (commencing with Section 36-480) of Chapter 36 of the Santa Ana Municipal Code, the City Council of the City of Santa Ana is authorized to adopt resolutions establishing permit parking districts in which parking restrictions apply to all vehicles except those vehicles that have been issued parking permits pursuant to such Article. B. By Resolution No. 1991-088, the City Council of the City of Santa Ana established the South Coast Permit Parking District, as shown on Exhibit 1, attached hereto and incorporated by reference. C. Owners of properties on residential streets near the South Coast Permit Parking District have noted a lack of available parking on their streets and have asked to participate in the City's permit parking program. D. To accommodate the present and any future requests, the City Council now wishes to expand the South Coast Permit Parking District to include these areas. Section 2. Section 1 of Resolution 1991-088 is hereby amended to expand the South Coast Permit Parking District to consist in its entirety of the existing and proposed areas delineated on Exhibit 1, attached hereto and incorporated by reference. Section 3. Section 4 of Resolution 1991-088 is hereby amended to permit the Executive Director of the Public Works Agency, or his or her designee, to waive the limitation therein on the number of permits and dwelling units on a lot if he or she determines that its application in a particular case would cause extreme hardship on the residents of such dwelling units due to a severe inadequacy of on -site parking. Resolution No. 2020-021 Page 1 of 3 Exhibit 17 City Council 26 – 1107 10/1/2024 Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7th day of April, 2020. o0-- MaW APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 71t'. -f L J n M. Funk Assistant City Attorney AYES: Councilmembers Bacerra Iglesias, Penaloza Pulido Sarmiento, Solorio Villegas (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council do hereby attest to and certify the attached Resolution No. 2020-021 to be the original resolution adopted by the City Council of the City of Santa Ana on April 7, 2020. Date q — R _ 2Z2o Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2020-021 Page 2 of 3 Exhibit 17 City Council 26 – 1108 10/1/2024 I EXISTING SOUTH COAST PERMIT PARKING DISTRICT PROPOSED EXPASNION TO SOUTH COAST PERMIT PARKING DISTR EXHIBIT 1 SANTA ANA off SOUTH COASTPWAPERMITPARKINGDISTRICT PAGE I OF I Resolution No. 2020-021 Page 3 of 3 Exhibit 17 City Council 26 – 1109 10/1/2024 RESOLUTION NO 93076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE SANDPOINTE PERMIT PARKING DISTRICT WHEREAS pursuant to Article XI commencing with Section 36 480 of Chapter 36 of the Santa Ana Municipal Code the City Council of the city of Santa Aha is authorized to adopt a resolu tion establishing Permit Parking Districts wherein parking restrictions apply to all vehicles except vehicles which have been issued parking permits pursuant to said Article and WHEREAS this Council finds and determines that the Sandpointe residential neighborhood is in need of a Permit Parking District in order to protect its integrity against the intrusion of vehicular parking by residents and guests of multiplefamily residential developments on Main Street and MacArthur Boulevard NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS 1 The Sandpointe Permit Parking District is hereby established to consist of that area of the city of Santa Ana bounded on the north by Alton Avenue between Flower Street and Sycamore Street and Columbine Avenue between Sycamore Street and Main Street on the east by Sycamore Street between Alton Avenue and Columbine Avenue and Main Street between Columbine Avenue and Sunflower Avenue on the south by Sunflower Avenue and on the west by Flower Street Said district includes the said portions of Alton Avenue Sycamore Street and Columbine Avenue but does not extend to or include the said portions of Main Street Sunflower Avenue and Flower Street 2 The parking restrictions imposed pursuant to said Article XI and this Resolution shall apply to any block within the Sandpointe Permit Parking District only after a petition signed by the owners of seventyfive percent 75 or more of the residential lots abutting such block have filed a petition with the Executive Director of the Public Works Agency expressing their desire for such parking restrictions and after signs indicating the parking restrictions on such block have been erected in accordance with said Article XI 3 No person shall park any vehicle at any time on any portion of any street within the Sandpointe Permit Parking District as to which signs have been erected indicating the application of permit parking restrictions except persons and vehicles exempted from such parking restrictions pursuant to said Article XI and this resolution Exhibit 17 City Council 26 – 1110 10/1/2024 RESOLUTION 93076 Page 2 4 Permit parking restrictions in the Sandpointe Permit Parking District shall not apply to the side of any street adjacent to any nonresidential use or to any multifamily use having more than four dwelling units 5 Persons entitled to a permit to park in locations subject to permit parking restrictions pursuant to this resolu tion include and are limited to the following a Any person who is licensed to drive a motor vehicle and who resides in a singlefamily dwelling located in the Sandpointe Permit Parking District provided that not more than three permits may be issued at any one time to the residents of any one such dwelling unit b Any person who is licensed to drive a motor vehicle and who resides in a multiplefamily dwelling located on any lot in the Sandpointe Permit Parking District which does not have more than four dwelling units located on it provided that not more than one permit may be issued at any one time to the residents of any one such dwelling unit 6 The Executive Director of the Public Works Agency is authorized to establish rules for the issuance of guest parking permits to residents of the Sandpointe Permit Parking District and to issue or deny such permits in accordance therewith Such rules shall be designed to limit guest parking privileges as appropriate to provide sufficient parking for resident parking permit holders Such rules may be revised from time to time as circumstances require ADOPTED this 7th day of September 1993 ATTEST COUNClLMEMBERS Daniel H Young Mayor Young Aye Pulido Aye Lutz Aye Mills Aye Moreno Aye Norton Aye Richardson Absent APPROVED AS TO FORM city Attorney Exhibit 17 City Council 26 – 1111 10/1/2024 128 CERTIFICATE OF ORIGINALITY PUBLICATION State of California County of Orange I JANICE C GUY Clerk of the Council do hereby certify the attached Resolution z o 7 to be the original resolution adopted by the City Council of the City of Santa Ana on Date cof Conoil City ofrfinta Ana Exhibit 17 City Council 26 – 1112 10/1/2024 COLUMBINE A CURIE BELl ALPINE VE IMAC AR THIJR t PINE BOULEVARE MURPH AUROR AVE KELLER LEGEND KELLER TAFT VE 1ELEM CHO0 STEVENS AVE STEEN IjCityCouncil I Title Agenda Date Sept 7 1993 SANDPOINTE PERMIT PARKING DISTRICT BOUNDARY BLOCKS QUALIFIED FOR PERMIT PARKING SANDPOINTE PERMIT PARKING DISTRICT EXHIBIT 1 Exhibit 17 City Council 26 – 1113 10/1/2024 307 cls90700 RESOLUTION NO 2000062 THE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE SOUTH METRO PERMIT PARKING DISTRICT 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 Section 22507 of the Vehicle Code of the State of California authorizes a city to prohibit stopping parking or standing of vehicles on certain streets and to establish a permit system exempting residents merchants and guests from the prohibition Pursuant to Article XI commencing with Section 36480 of Chapter 36 of the Santa Ana Municipal Code hereinafter Article xr the City Council of the City of Santa Ana is authorized to adopt a resolution establishing Permit Parking Districts wherein parking restrictions apply to all vehicles except vehicles which have been issued parking permits pursuant to said Article C The South Metro residential neighborhood is in need of parking restrictions to protect its integrity from the intrusion of vehicular parking incidental to commercial and governmental activities to allow for adequate emergency vehicle access to counter the visually blighting effect of highly intensive on street parking and to discourage overcrowding of dwelling units SECTION 2 The South Metro Permit Parking District is hereby established to consist of that area of the City of Santa Ana generally bounded on the north by Warner Avenue on the east by Bristol Street on the south by Sunflower Avenue and City limits and on the west by Fairview Street as more particularly depicted in Exhibit 1 attached hereto and incorporated herein by reference SECTION 3 The parking restrictions imposed pursuant to Article Xl and this Resolution shall apply to any block within the South Metro Permit Parking District only after a petition signed by the owners of sixtysix percent 66 or more of the residential lots abutting such block have filed a petition with the Executive Director of the Public Works Agency expressing their desire for such parking restrictions and after signs indicating the parking restrictions on such block have been erected in accordance with Article XI SECTION 4 No person shall park any vehicle at any time on any portion of any street within the South Metro Permit Parking District as to which signs have been erected Resolution No 2000062 Page 1 of 3Exhibit 17 City Council 26 – 1114 10/1/2024 308 indicating the application of permit parking restrictions except persons and vehicles exempted from such parking restrictions pursuant to Article Xl and this resolution SECTION 5 As indicated by posted signs permit parking restrictions in the South Metro Parking District do not include sections of streets that abut the front of non residential and multifamily uses with more than four dwelling units SECTION 6 Persons entitled to a permit to park in locations subject to permit parking restrictions pursuant to this resolution include and are limited to the following a Any person who is licensed to drive a motor vehicle and who resides in a singlefamily dwelling located in the South Metro Permit Parking District provided that not more than three permits may be issued at any one time to the residents of any one such dwelling unit b Any person who is licensed to drive a motor vehicle and who resides in a multifamily dwelling located on any lot in the South Metro Permit Parking District which does not have more than four dwelling units located on it provided that not more than one permit may be issued at any one time to the resident of anyone such dwelling unit and provided further that the Executive Director of the Public Works Agency may waive the foregoing limitation on the number of dwelling units on a lot if he determines that its application in a particular case would cause extreme hardship on the residents of such dwelling units due to a severe inadequacy of onsite parking SECTION 7 The Executive Director of the Public Works Agency is authorized to establish rules for the issuance of guest parking permits to residents of the South Metro Permit Parking District and to issue or deny such permits in accordance therewith Such rules shall be designed to limit guest parking privileges as appropriate to provide sufficient parking for resident parking permit holders Such rules may be revised from time to time as circumstances require ADOPTED this 18th day of September 2000 AlrEST Patricia E Healy Clerk of the Council Mieel A Pulido Mayor Resolution No 2000062 Page 2 of 3 Exhibit 17 City Council 26 – 1115 10/1/2024 3O9 COUNCILMEMBERS APPROVED AS TO FORM Pulido Aye Lutz Aye Bist Aye Christy Aye Franklin Aye McGuigan Aye Moreno Absent Joseph W Fletcher City Attorney Cristine L Shaw Deputy City Attorney CERTIFICATE OF ORIGINALITY I PATRICIA E HEALY Clerk of the Council do hereby certify the attached Resolution No 2000062 to be the original resolution adopted by the City Council of the City ofSantaj Ana Date on September 18 2000 Cler City of Santa Ana Resolution No 2000062 Page 3 of 3Exhibit 17 City Council 26 – 1116 10/1/2024 311 CITY LIMITS ANTA ANA SOUTH METRO PARKING DISTRICT BOUNDARY PARKING DISTRICT MAP COUNCIL AGENDA DATE SEPTEMBER 18 2000 SOUTH METRO EXHIBIT 1 Exhibit 17 City Council 26 – 1117 10/1/2024 RESOLUTION NO. 91-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE SOUTH COAST PERMIT PARKING DISTRICT REL: 9/6/91 WHEREAS, pursuant to Article XI (commencing with Section 36-480) of Chapter 36 of the Santa Ana Municipal Code, the CityCouncil of the city of Santa Ana is authorized to adopt resolutionsestablishing Permit Parking Districts wherein parking restrictionsapply to all vehicles except vehicles which have been issuedparking permits pursuant to said Article; and WHEREAS, this Council finds and determines that the South Coast residential neighborhood is in need of permit parking restrictions to protect its integrity from the intrusion of vehicular parking from nearby multi-family residential developments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1.The South Coast Permit Parking District is hereby established, to consist of that area of the city of Santa delineated on the map attached hereto as Exhibit A and incorporated herein by this reference. 2.No person shall park any vehicle at any time on anyportion of any street within the South Coast Permit Parking District as to which signs have been erected indicating the application of permit parking restrictions, except persons who are entitled to a permit to park on such street or portion thereof pursuant to this resolution and who display such permit in accordance with section 36-488(a) of the Santa Ana Municipal Code. 3.The Executive Director of Public Works is herebyauthorized to determine which streets or portions thereof within the South Coast Permit Parking District shall be restricted to permit parking in accordance with section 2 of this resolution and to post appropriate signs giving notice of such restriction. 4.Persons entitled to a permit to park in locations subjectto permit parking restrictions pursuant to this resolution include and are limited to the following: (a)Any person who is licensed to drive a motor vehicle andwho resides in a dwelling located on any lot in the South Coast Permit Parking District which does not have more than four dwelling 1 343 EXHIBIT 3 City Council 26 – 1118 10/1/2024 RESOLUTION 91088 Pae 2 345 units located on it b Any person who is licensed to drive a motor vehicle and who works at the business located at 1000 Keller Avenue exceptthatsuchpersonsshallnotbeentitledtopermitsifthesouth side of Keller Avenue is not restricted to permit parking and also except that the employees of any business other than the Learning Center which may hereafter be established at 1000 Keller Avenue shall only be entitled to permits if the Executive Director of Public Works determines that the issuance of permits to such employees would not adversely affect the availability of parking to residents of the South Coast Permit Parking District ADOPTED this 16th day of September 199 ATTEST teUYcounc Mayor COUNCILMEMBERS Young Aye Pulido Aye Acosta Aye Griset A3e McGuigan Aye Norton Aye Richardson ye APPROVED AS TO FORM EdwardJTdorCityAttorney CERTIFICATE OF ORIGINALITY State of California County of Orange I JANICE C GUY Clerk of the Council do hereby certify the attached Resolution Og to be the original resolution of the City of Santa Ana onadoptedbythecityCouncil of Cou City of Santa Ana City Council 26 – 1119 10/1/2024 CONDOMINIUMS MAC ARTHUR BIVD lmF x CONDOMINIUk8AND APARTMENT 4 II BOMO KORAL PARK KELLER STEVENS SUNFLOWER AVENUE SOUTH COAST PERMIT PARKING DISTRICT BOUNDARIES THE LEARNING CENTER II EXHIBIT A 347 City Council 26 – 1120 10/1/2024 jmf 2/12/2020 RESOLUTION NO. 2020-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 1991-088 RELATED TO THE SOUTH COAST PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING THE BOUNDARIES OF THAT DISTRICT 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. Pursuant to Article XI (commencing with Section 36-480) of Chapter 36 of the Santa Ana Municipal Code, the City Council of the City of Santa Ana is authorized to adopt resolutions establishing permit parking districts in which parking restrictions apply to all vehicles except those vehicles that have been issued parking permits pursuant to such Article. B. By Resolution No. 1991-088, the City Council of the City of Santa Ana established the South Coast Permit Parking District, as shown on Exhibit 1, attached hereto and incorporated by reference. C. Owners of properties on residential streets near the South Coast Permit Parking District have noted a lack of available parking on their streets and have asked to participate in the City's permit parking program. D. To accommodate the present and any future requests, the City Council now wishes to expand the South Coast Permit Parking District to include these areas. Section 2. Section 1 of Resolution 1991-088 is hereby amended to expand the South Coast Permit Parking District to consist in its entirety of the existing and proposed areas delineated on Exhibit 1, attached hereto and incorporated by reference. Section 3. Section 4 of Resolution 1991-088 is hereby amended to permit the Executive Director of the Public Works Agency, or his or her designee, to waive the limitation therein on the number of permits and dwelling units on a lot if he or she determines that its application in a particular case would cause extreme hardship on the residents of such dwelling units due to a severe inadequacy of on -site parking. Resolution No. 2020-021 Page 1 of 3 City Council 26 – 1121 10/1/2024 Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7th day of April, 2020. o0-- MaW APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 71t'. -f L J n M. Funk Assistant City Attorney AYES: Councilmembers Bacerra Iglesias, Penaloza Pulido Sarmiento, Solorio Villegas (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council do hereby attest to and certify the attached Resolution No. 2020-021 to be the original resolution adopted by the City Council of the City of Santa Ana on April 7, 2020. Date q — R _ 2Z2o Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2020-021 Page 2 of 3 City Council 26 – 1122 10/1/2024 I EXISTING SOUTH COAST PERMIT PARKING DISTRICT PROPOSED EXPASNION TO SOUTH COAST PERMIT PARKING DISTR EXHIBIT 1 SANTA ANA off SOUTH COASTPWAPERMITPARKINGDISTRICT PAGE I OF I Resolution No. 2020-021 Page 3 of 3 City Council 26 – 1123 10/1/2024 RESOLUTION NO 93076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE SANDPOINTE PERMIT PARKING DISTRICT WHEREAS pursuant to Article XI commencing with Section 36 480 of Chapter 36 of the Santa Ana Municipal Code the City Council of the city of Santa Aha is authorized to adopt a resolu tion establishing Permit Parking Districts wherein parking restrictions apply to all vehicles except vehicles which have been issued parking permits pursuant to said Article and WHEREAS this Council finds and determines that the Sandpointe residential neighborhood is in need of a Permit Parking District in order to protect its integrity against the intrusion of vehicular parking by residents and guests of multiplefamily residential developments on Main Street and MacArthur Boulevard NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS 1 The Sandpointe Permit Parking District is hereby established to consist of that area of the city of Santa Ana bounded on the north by Alton Avenue between Flower Street and Sycamore Street and Columbine Avenue between Sycamore Street and Main Street on the east by Sycamore Street between Alton Avenue and Columbine Avenue and Main Street between Columbine Avenue and Sunflower Avenue on the south by Sunflower Avenue and on the west by Flower Street Said district includes the said portions of Alton Avenue Sycamore Street and Columbine Avenue but does not extend to or include the said portions of Main Street Sunflower Avenue and Flower Street 2 The parking restrictions imposed pursuant to said Article XI and this Resolution shall apply to any block within the Sandpointe Permit Parking District only after a petition signed by the owners of seventyfive percent 75 or more of the residential lots abutting such block have filed a petition with the Executive Director of the Public Works Agency expressing their desire for such parking restrictions and after signs indicating the parking restrictions on such block have been erected in accordance with said Article XI 3 No person shall park any vehicle at any time on any portion of any street within the Sandpointe Permit Parking District as to which signs have been erected indicating the application of permit parking restrictions except persons and vehicles exempted from such parking restrictions pursuant to said Article XI and this resolution City Council 26 – 1124 10/1/2024 RESOLUTION 93076 Page 2 4 Permit parking restrictions in the Sandpointe Permit Parking District shall not apply to the side of any street adjacent to any nonresidential use or to any multifamily use having more than four dwelling units 5 Persons entitled to a permit to park in locations subject to permit parking restrictions pursuant to this resolu tion include and are limited to the following a Any person who is licensed to drive a motor vehicle and who resides in a singlefamily dwelling located in the Sandpointe Permit Parking District provided that not more than three permits may be issued at any one time to the residents of any one such dwelling unit b Any person who is licensed to drive a motor vehicle and who resides in a multiplefamily dwelling located on any lot in the Sandpointe Permit Parking District which does not have more than four dwelling units located on it provided that not more than one permit may be issued at any one time to the residents of any one such dwelling unit 6 The Executive Director of the Public Works Agency is authorized to establish rules for the issuance of guest parking permits to residents of the Sandpointe Permit Parking District and to issue or deny such permits in accordance therewith Such rules shall be designed to limit guest parking privileges as appropriate to provide sufficient parking for resident parking permit holders Such rules may be revised from time to time as circumstances require ADOPTED this 7th day of September 1993 ATTEST COUNClLMEMBERS Daniel H Young Mayor Young Aye Pulido Aye Lutz Aye Mills Aye Moreno Aye Norton Aye Richardson Absent APPROVED AS TO FORM city Attorney City Council 26 – 1125 10/1/2024 128 CERTIFICATE OF ORIGINALITY PUBLICATION State of California County of Orange I JANICE C GUY Clerk of the Council do hereby certify the attached Resolution z o 7 to be the original resolution adopted by the City Council of the City of Santa Ana on Date cof Conoil City ofrfinta Ana City Council 26 – 1126 10/1/2024 COLUMBINE A CURIE BELl ALPINE VE IMAC AR THIJR t PINE BOULEVARE MURPH AUROR AVE KELLER LEGEND KELLER TAFT VE 1ELEM CHO0 STEVENS AVE STEEN IjCityCouncil I Title Agenda Date Sept 7 1993 SANDPOINTE PERMIT PARKING DISTRICT BOUNDARY BLOCKS QUALIFIED FOR PERMIT PARKING SANDPOINTE PERMIT PARKING DISTRICT EXHIBIT 1 City Council 26 – 1127 10/1/2024 307 cls90700 RESOLUTION NO 2000062 THE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE SOUTH METRO PERMIT PARKING DISTRICT 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 Section 22507 of the Vehicle Code of the State of California authorizes a city to prohibit stopping parking or standing of vehicles on certain streets and to establish a permit system exempting residents merchants and guests from the prohibition Pursuant to Article XI commencing with Section 36480 of Chapter 36 of the Santa Ana Municipal Code hereinafter Article xr the City Council of the City of Santa Ana is authorized to adopt a resolution establishing Permit Parking Districts wherein parking restrictions apply to all vehicles except vehicles which have been issued parking permits pursuant to said Article C The South Metro residential neighborhood is in need of parking restrictions to protect its integrity from the intrusion of vehicular parking incidental to commercial and governmental activities to allow for adequate emergency vehicle access to counter the visually blighting effect of highly intensive on street parking and to discourage overcrowding of dwelling units SECTION 2 The South Metro Permit Parking District is hereby established to consist of that area of the City of Santa Ana generally bounded on the north by Warner Avenue on the east by Bristol Street on the south by Sunflower Avenue and City limits and on the west by Fairview Street as more particularly depicted in Exhibit 1 attached hereto and incorporated herein by reference SECTION 3 The parking restrictions imposed pursuant to Article Xl and this Resolution shall apply to any block within the South Metro Permit Parking District only after a petition signed by the owners of sixtysix percent 66 or more of the residential lots abutting such block have filed a petition with the Executive Director of the Public Works Agency expressing their desire for such parking restrictions and after signs indicating the parking restrictions on such block have been erected in accordance with Article XI SECTION 4 No person shall park any vehicle at any time on any portion of any street within the South Metro Permit Parking District as to which signs have been erected Resolution No 2000062 Page 1 of 3 City Council 26 – 1128 10/1/2024 308 indicating the application of permit parking restrictions except persons and vehicles exempted from such parking restrictions pursuant to Article Xl and this resolution SECTION 5 As indicated by posted signs permit parking restrictions in the South Metro Parking District do not include sections of streets that abut the front of non residential and multifamily uses with more than four dwelling units SECTION 6 Persons entitled to a permit to park in locations subject to permit parking restrictions pursuant to this resolution include and are limited to the following a Any person who is licensed to drive a motor vehicle and who resides in a singlefamily dwelling located in the South Metro Permit Parking District provided that not more than three permits may be issued at any one time to the residents of any one such dwelling unit b Any person who is licensed to drive a motor vehicle and who resides in a multifamily dwelling located on any lot in the South Metro Permit Parking District which does not have more than four dwelling units located on it provided that not more than one permit may be issued at any one time to the resident of anyone such dwelling unit and provided further that the Executive Director of the Public Works Agency may waive the foregoing limitation on the number of dwelling units on a lot if he determines that its application in a particular case would cause extreme hardship on the residents of such dwelling units due to a severe inadequacy of onsite parking SECTION 7 The Executive Director of the Public Works Agency is authorized to establish rules for the issuance of guest parking permits to residents of the South Metro Permit Parking District and to issue or deny such permits in accordance therewith Such rules shall be designed to limit guest parking privileges as appropriate to provide sufficient parking for resident parking permit holders Such rules may be revised from time to time as circumstances require ADOPTED this 18th day of September 2000 AlrEST Patricia E Healy Clerk of the Council Mieel A Pulido Mayor Resolution No 2000062 Page 2 of 3 City Council 26 – 1129 10/1/2024 3O9 COUNCILMEMBERS APPROVED AS TO FORM Pulido Aye Lutz Aye Bist Aye Christy Aye Franklin Aye McGuigan Aye Moreno Absent Joseph W Fletcher City Attorney Cristine L Shaw Deputy City Attorney CERTIFICATE OF ORIGINALITY I PATRICIA E HEALY Clerk of the Council do hereby certify the attached Resolution No 2000062 to be the original resolution adopted by the City Council of the City ofSantaj Ana Date on September 18 2000 Cler City of Santa Ana Resolution No 2000062 Page 3 of 3 City Council 26 – 1130 10/1/2024 311 CITY LIMITS ANTA ANA SOUTH METRO PARKING DISTRICT BOUNDARY PARKING DISTRICT MAP COUNCIL AGENDA DATE SEPTEMBER 18 2000 SOUTH METRO EXHIBIT 1 City Council 26 – 1131 10/1/2024 Exhibit 19 - Consistent and Supportive General Plan Goals, Policies, and Implementation Actions Page 1 of 2 • Goal M-4: Transportation, Land Use, and Design. Coordinated transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. o Policy M-4.1 Intense Development Areas. Program multimodal transportation and public realm improvements that support new development in areas along transit corridors and areas planned for high intensity development. o Policy M-4.7 Parking. Explore and implement a flexible menu of parking options and other strategies to efficiently coordinate the response to parking demands. o Action M-4.4 Residential parking. Reevaluate the Residential Permit Parking Program to ensure it complies with state law and best practices. • Goal M-5: Sustainable Transportation Design. A transportation system that is attractive, safe, state-of-the-art, and supports community, environmental, and conservation goals. o Action M-5.7 Parking Management Strategies. Evaluate parking management strategies, such as parking assessment districts, to facilitate parking in areas programmed for future development. • Goal LU-3: Compatibility of Uses. Preserve and improve the character and integrity of existing neighborhoods and districts. o Action LU-3.9 Parking. Through City Interagency collaboration, develop parking management strategies to support the Land Use Plan and reduce dependency on single-passenger vehicles, considering the parking needs for existing development and future activity nodes, changes in automotive technologies and car usage trends, and options for City-operated facilities. Explore parking strategies through pilot projects. • Goal HE-1: Housing and Neighborhoods. Livable and affordable neighborhoods with healthy and safe housing conditions, community services, well-maintained infrastructure, and public facilities that inspire neighborhood pride and ownership. o Policy HE-1.5 Infrastructure and Public Services. Provide quality community facilities, physical infrastructure, traffic management and parking control, and other public services to promote the livability, safety, and vitality of neighborhoods. o Policy HE-1.10 Parking Management. Support innovative and creative strategies that proactively minimize parking impacts and deficiencies within residential neighborhoods, including parking management requirements, installation of parking lifts, and incentives for active transportation. City Council 26 – 1132 10/1/2024 Exhibit 19 - Consistent and Supportive General Plan Goals, Policies, and Implementation Actions Page 2 of 2 o Action HE-28.B Reevaluate the Residential Parking Permit Program to provide an equitable citywide permit-parking program that incorporates best practices and complies with state law. The proposed resolution amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 amendment to the Residential Permit Parking program supports and is consistent with these General Plan goals and policies of the Mobility Element, Land Use Element, and Housing Element. Addressing relevant permit parking programs and parking impacts constitutes implementation of the General Plan, specifically of the Mobility Element, Land Use Element, and Housing Element. City Council 26 – 1133 10/1/2024 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA The City of Santa Ana encourages the public to participate in the decision-making process. The following notice is being provided so that you can ask questions, make comments, and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions. NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below. Project Location: The 41-acre site generally referred to as 3600 South Bristol Street located within the General Commercial (C2) and Commercial Residential (CR) zoning districts Project Applicant: Steven Oh with RCR Bristol LLC (Applicant) on behalf of Greenville Ranch LLC, BSG West Bristol LLC, and MCG Bristol West LLC (Property Owners) Proposed Project: Applicant is requesting approval of various entitlements to facilitate the establishment of a new Specific Plan (SP) and construction of a new, mixed-use urban village. The SP proposes up to 3,750 residential units, 200 units of senior continuum of care living, a 250 room key hotel (approximately 150,000 square feet), 350,000 square feet of commercial space, and approximately 13.1 acres of publicly accessible open space. The entitlements include an amendment (zone change) application (AA No. 2023-03), tentative tract map (TM No. 2023-01), and development agreement (DA No. 2023-02). The requested actions also require an overrule of the John Wayne Airport Land Use Commission’s determination of inconsistency for the project with the Airport Environs Land Use Plan. Environmental Impact: Pursuant to the California Environment Quality Act (CEQA), the project requires preparation of a Draft Supplemental Environmental Impact Report (EIR) (State Clearinghouse Number 2020029087) that analyzes the potential impacts of the project and identifies measures to mitigate the environmental effects. The EIR concludes that the proposed project would require mitigation related to Air Quality, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation, and Tribal Cultural Resources. Impacts related to Air Quality and Recreation would remain significant and unavoidable after mitigation. Action Taken by the Planning Commission on August 12, 2024: Recommended that the City Council adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 2022-01 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt of a Statement of Overriding Considerations, (3) adopt the Mitigation Monitoring and Reporting Program, and (4) approve the Project; Adopt an ordinance approving Amendment Application No. 2023-03 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); Adopt an ordinance approving Development Agreement No. 2023-02; Adopt a resolution approving Vesting Tentative Tract Map No. 2023-01 (County Map No. 19272), as conditioned; and Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings VOTE: 7-0 (Ayes: Commissioners Benninger, Escamilla, Leo, Oliva, Pham, Ramos, Woo). City Council 26 – 1134 10/1/2024 Meeting Details: This public hearing will be held on Tuesday, September 17, 2024, at 5:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/agendas-and-minutes/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to eComment@santa-ana.org (reference the Agenda Item # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the City Council but will be made part of the record. Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the City Clerk’s Office during regular business hours and posted on the City’s website the Tuesday before a Council meeting at: https://www.santa-ana.org/agendas-and-minutes/. Who To Contact For Questions: Should you have any questions, please contact Ali Pezeshkpour with the Planning and Building Agency at APezeshkpour@santa-ana.org or (714) 647-5882. Note: If you challenge the decision on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. 2,000-FOOT RADIUS NOTIFICATION MAP City Council 26 – 1135 10/1/2024 City Council 26 – 1136 10/1/2024 City Council 26 – 1137 10/1/2024 Exhibit 21: City Council Questions to Applicant from September 17, 2024 Hearing Page 1 of 3 1. Why is only one hotel planned for the project? Applicant’s Response: Related’s professional assessment of the market is that the Project can only reasonably support one hotel. Our assessment is informed by our company’s extensive experience developing hotels throughout the country, including The Conrad in Los Angeles, which we completed in 2022, comprehensive market data on the South Coast Metro and John Wayne Airport hospitality submarket, input from various hotel operating partners, and the current state of the hospitality industry and capital markets. While we are excited to be pursuing a hotel at Related Bristol, it will be the most ambitious and challenging component of the project to realize. This can be attributed to a combination of factors including: the increasing cost of construction, escalating cost of hotel operations, softening in business travel demand as the economy continues to shift to a hybrid work environment that promotes online versus in- person meetings, and a backdrop of a highly competitive and well supplied hospitality submarket that already has 12,000 hotel rooms. Related is very concerned that the inclusion of a second hotel will render the first hotel financially infeasible as investors and lenders on the first hotel will perceive the second hotel as unacceptable competition that will take business away from the first hotel and jeopardize their investment. The average daily room rate of full-service hotels in this submarket is approximately $220/night whereas new construction would require rates approaching $400/night for feasibility. The addition of a second hotel would only further soften the market and add downward pressure on the rates achievable at the first hotel. Segmentation and differentiation of two hotels on the same property would be difficult to accomplish and we believe the second hotel would cannibalize business from the first hotel. It is worthwhile noting, however, that Related Bristol’s specific plan does contain flexibility to convert uses that could potentially facilitate a second hotel should the economic fundamentals and market conditions significantly improve. However, our professional assessment is that a second hotel is infeasible for the foreseeable future and should not be included in order to protect the feasibility of the first. Following receipt of the Applicant’s response, the City has added the following additional information for the City Council’s consideration: During the Ad Hoc Committee negotiations, Related discussed the challenges associated with developing a financially feasible a hotel at the site as reflect in their response above. The Ad Hoc Committee considered the information and focused on the Applicant committing to pursuing an upscale high-quality hotel that is not currently available in Santa Ana. As reflected in the Development Agreement Section 4.2.4, the Applicant is committing to pursuing and securing a minimum of four-star class hotel. Similar hotels in area with a four-star rating include the Westin South Coast Plaza, Avenue of the Arts, the Hilton Orange County, and the Marriott. Four-star hotels are large, upscale establishments, fully staffed and offer special services and amenities, including concierge City Council 26 – 1138 10/1/2024 Exhibit 21: City Council Questions to Applicant from September 17, 2024 Hearing Page 2 of 3 services, 24-hour reception, fine dining and onsite restaurants, room service, multiple pools and hot tubs, high-class fitness centers, bellhops, valet parking and transportation, day spas, meeting and conference facilities, business centers, and an array of special suites. The Specific Plan has also been structured with the flexibility of allowing for additional hotels to be constructed on the site without requiring additional analysis subject to approval by the Planning Commission. 2. How many units will be for sale, if any, and why? Applicant’s response: Related Bristol is situated on land that has been owned since 1903 by one of the original pioneering farming families of Orange County, the Callens Family (“The Family”). Their stake in this community and in this City goes back to the beginnings of the City of Santa Ana and Orange County. The Callens family have been the stewards of the land for over a century, the land is a family heirloom which, they intend to own for perpetuity and do not want to sell any part of the property, whether to Related or to future homeowners. As such, the Related Bristol project is subject to a 99-year ground lease with The Family. For-sale housing on a ground lease with on-going ground lease payment obligations causes for-sale housing to be financially infeasible. While ground lease for-sale housing has been done on a limited scale in the past, that product and financing was produced decades ago in a different financial market which does not exist today. Financing and investor interest is not available for for-sale housing on a ground lease in this location. Related Bristol’s ground lease would obligate a home buyer to make annual ground lease payments in addition to their annual cost of home ownership. Historically, the value of homes on ground leases underperform the market in relation to homes on fee simple land. The value of ground lease homes declines over time as the remaining ground lease term shortens and the home ages, eventually reaching zero at the end of the lease unless extended. These fact patterns significantly diminish the marketability and appeal of such homes given buyers have other choices (i.e., homes on fee simple land), and subsequently, lenders, buyers, and investors elect to not invest. Due to the declining nature of the value of these homes over time, for sale homes on a ground lease are not an effective tool for creating generational wealth. The City of Santa Ana approved the South Bristol Corridor General Plan Amendment and did not differentiate between for-sale or for-rent residential units. From a legal perspective, the applicant has presented a General Plan complaint project, which is why a General Plan Amendment is not required to implement the project. City Council 26 – 1139 10/1/2024 Exhibit 21: City Council Questions to Applicant from September 17, 2024 Hearing Page 3 of 3 While Related would consider a for-sale component on the project were Related purchasing the project site in fee simple, for the salient reasons described above, Related Bristol has not proposed any for-sale homes at this time. Following receipt of the Applicant’s response, the City has added the following additional information for the City Council’s consideration: The Ad Hoc Committee discussed the challenges that the project presented because the property will continue to be owned by the underlying owners, not Related. These challenges impacted negotiations related to the open space, the value of the land and ultimately the amount of the community benefit payment and recordation of the DA against the property. 3. Will the new grocery store be a Vons store or one of similar quality that is associated with union labor? Applicant’s response: Pursuant to the Development Agreement, Related has committed to include a full-scale grocer of at least 35,000 square feet within the first two phases of the project. Related understands that the full-scale grocer is important to the immediate community and we are committed to including one in the Project. We are prepared and committed to engage with Vons, the existing onsite grocer, to extend their existing lease as soon as the project is approved. We are grateful that Vons has expressed early interest in the new project and has supported our project in writing and verbally in the past, most recently at the City Council hearing on September 17th. As construction of the full-scale grocer retail space nears completion, Related will solicit interest from various grocer operators, including the Albertsons Corporation which owns Vons. Related welcomes a Vons, Albertson, Ralphs, or a similar operator, and will solicit their respective interests once there is an actual space and design for them to consider. While Related welcomes the interest of union grocers, Related, as the Ground Lessor, is not involved nor can we dictate whether or not such grocer operator is union or non-union, or which grocer brand they wish to operate. If the project’s grocer was required to be union, and such a union grocer wasn’t interested or we were unable to reach a mutually agreeable lease, the Project would not be able to fulfill our obligation to the Community to include a full-scale grocer and the Project would risk being in legal default of the Development Agreement. This exact scenario occurred on another project in San Francisco more than twenty years ago and the developer ultimately sued the City and won. We want to structure Related Bristol for success and avoid repeating the mistakes of the past. The build-out of this project will occur over a decade and no one can predict what the state of the rapidly-changing grocery landscape will look like when the new store is ready to be occupied. City Council 26 – 1140 10/1/2024 Exhibit 22: City Council Questions to Staff from September 17, 2024 Hearing Page 1 of 4 1. How will the truck construction routes be established? Do we know where they will be? Will there be time restrictions on truck travel? How will residents be notified of the restrictions? The Mitigation Monitoring Reporting Program (MMRP) of the project’s Supplemental Environmental Impact Report (SEIR) authorizes to the City’s Public Works Agency to define the allowable truck routes for the project. The precise route is generally determined during the implementation phase of development. Responsive to the Council direction and to address public concerns expressed during the public hearing, Staff is recommending that the City Council consider specifying the following restrictions to be added to the draft Specific Plan in Chapter 6.0 – Implementation, as follows: Trucking and Construction Hauling During Project Construction: Travel Restrictions: Trucks can only use truck routes designated in the General Plan Mobility Element that are located directly along the project site to travel to and away from the site. Direct Path Requirement: Trucks must take the shortest and most direct route to and away from the site to nearest freeway on- and off-ramps. Residential Proximity Limits: Trucks are prohibited from using those routes to travel to and away from the site if there are residential uses fronting the street or are located within 300 feet of the street. Noise Restrictions: All noise sources associated with construction and truck hauling activities shall not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. Site Posting & Notification Requirements: Applicant shall notify in writing to all contractors requiring compliance with the above restrictions and shall post the name and 24-hour contact phone number for reporting of issues consistent with the requirements of Section 6.2.10(5) of the Specific Plan. An advance notice providing the 24-hour contact information for this site shall be mailed to all tenants and property owner within a 1,000-foot radius at least 30 days prior to the start of each of the three major construction phases of the project as identified in the Specific Plan. 2. Does the City have an equitable plan or idea on how the $22 million community benefit revenue will be used? The budgeting and spending of the $22 million community benefit payment will be implemented through the City Council’s annual budget adoption process. City Council 26 – 1141 10/1/2024 Exhibit 22: City Council Questions to Staff from September 17, 2024 Hearing Page 2 of 4 During its public hearing and consideration of the item on August 12, 2024, the Planning Commission recommended formation of a citizen oversight committee to make recommendations to the City Council on the budgeting and spending of the $22 million community benefit payment; this recommendation is documented in the September 17, 2024 City Council staff report prepared for the item. 3. Can staff include establishment of an oversight committee for the project? A revision can be made to Staff Report Exhibit 4 (Ordinance approving the Development Agreement) to establish a citizen oversight committee. The necessary revision would be implemented by modifying Section 3 with a new sentence to read: The spending of the Community Benefit Payment or similar payment to the City for public benefits referenced by the Development Agreement shall be overseen through a Citizen Oversight Committee, whose formation, structure, purpose, and membership shall be established by Resolution of the City Council, and who shall make recommendations to the City Council prior to budgeting and spending of the first Community Benefit Payment or similar payment by the City, and through subsequent recommendations thereafter prior to the budgeting and spending of the Community Benefit Payments. 4. How will traffic signals be impacted by construction? The traffic study identified the need for 7 traffic signal improvements which are to be fully funded by the developer. Additionally, there are 6 other impacted intersections where the developer is only responsible for a share of the cost of improvements. The table below summarizes the requirements. Location Improvement (New Signal or Upgrade of existing) Developer’s Cost Share Plaza & Callen Common New 100% Plaza & MacArthur Upgrade 100% Sunflower & Paseo New 100% Bristol & MacArthur Upgrade 100% Bristol & Callens Upgrade 100% Bristol & Driveway New 100% Bristol & Sunflower Upgrade 100% City Council 26 – 1142 10/1/2024 Exhibit 22: City Council Questions to Staff from September 17, 2024 Hearing Page 3 of 4 Location Improvement (New Signal or Upgrade of existing) Developer’s Cost Share Fairview & Segerstrom Upgrade 2.51% Bristol & Segerstrom Upgrade 6.7% Flower & Segerstrom Upgrade 4.1% Flower & MacArthur Upgrade 17.99% Main & MacArthur Upgrade 15.65% Bear & SR-73 Upgrade 6.31% 5. What issues did the Council ad hoc address? The Development Agreement (DA) addresses key terms of importance to the community in accordance with California Government Code Section 65864 et seq. Specifically, the DA addresses the following priorities of the City Council Ad Hoc committee that was formed in October 2023 to address the DA’s deal points: • Recordation • Term (Duration of the DA) and Extension • Timing (Phasing of the project) • Community Benefits, including the $22 million community benefit payment • Hotel Economic Benefits • Open Space • Inclusionary Housing Additional information and analysis of these deal points is contained within the September 17, 2024 City Council staff report prepared for the item, including Exhibits 4 and 7 to the staff report. Throughout the duration of its ongoing meetings, the ad hoc committee evaluated additional considerations for the DA. Ultimately, the following items were discussed and were not included in the final recommended DA: • Two additional five-year term extensions • Local hire & active marketing • Business retention • Labor agreements • Multi-use community center or library • Police Department substation (ultimately included in the Specific Plan document, Section 6.2.12) City Council 26 – 1143 10/1/2024 Exhibit 22: City Council Questions to Staff from September 17, 2024 Hearing Page 4 of 4 • Public art and a public art fee (public art design and locations ultimately addressed in the Specific Plan document, Section 5.11) • Contribution of funding towards making repairs and upgrades to existing fire stations owned by the City • “Green” building and site design features, such as water conservation, Leadership in Energy and Environmental Design (LEED) building designs, electric vehicle parking, electric appliances, photovoltaic panels, ecology and wellness, street improvements, utility enhancements, and traffic improvements (ultimately included in the Specific Plan document, Sections 5.8 and 5.9) • Formation of an Enhanced Infrastructure Financing District (EIFD) • Multiple options to comply with the Affordable Housing Opportunity Creation Ordinance (AHOCO) The ad hoc committee originally stood firm in negotiations on the fact that it encouraged Related to commit to entering into a Project Labor Agreement. Ultimately, it was decided that requiring such an agreement would unfairly impact discussions and negotiations between Related and the union representatives. Related assured the ad hoc committee that it would work with the unions and that upon presentation of the project to the City Council they would work to ensure that the unions supported the project as being in the best interests of the community and union workers. 6. Will the City’s CWA requirements apply to the project? No; the City’s CWA requirements only apply to public improvement projects and affordable housing projects that are built by the City or receive City funding. The public improvements required of the development are being built by the developer at the developer’s cost with no funding from the City. However, the CWA does apply to City public improvement projects. As such, the CWA would apply to the offsite public infrastructure work that the City will generally construct, including work for which the Developer will pay a proportionate share of the costs. Public infrastructure anticipated by the City includes storm drain line extensions, street intersection improvements, water and sewer improvements, etc. The value of such improvements was previously estimated by DTA to be approximately $80 million. City Council 26 – 1144 10/1/2024